dismissed H-1B

dismissed H-1B Case: Allied Health Education

📅 Date unknown 👤 Organization 📂 Allied Health Education

Decision Summary

The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted her status to that of a lawful permanent resident, rendering any further pursuit of the nonimmigrant visa petition unnecessary.

Criteria Discussed

Failure To Pay Proffered Wage Violation Of Petition Terms And Conditions Mootness Due To Adjustment Of Status

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-1-
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 3, 2015 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a vocational institute, seeks to employ the Beneficiary as an allied health instructor 
and to classifY her as a nonimmigrant worker in a specialty occupation. See Immigration and 
Nationality Act (the Act) § 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 
U.S.C. § 1101(a)(15)(H)(i)(b). The Director, Vermont Service Center, revoked the approval of the 
petition. The matter is now before us on appeal. The appeal will be dismissed. 
The Director revoked the approval of the visa petition finding that the Petitioner had violated the 
terms and conditions of the approved petition. Specifically, the Director noted that an administrative 
site visit to verify the Beneficiary's employment revealed that the Petitioner was not paying the 
Beneficiary the proffered wage established by the terms and conditions of the approved petition. On 
appeal, the Petitioner asserts that the Director's basis for revocation of the approval of the petition 
was erroneous. 
A review of the record of U.S. Citizenship and Immigration Services indicates that the Beneficiary 
adjusted status to that of a lawful permanent resident on May 20, 2015. Because the Beneficiary is 
presently a lawful permanent resident, further pursuit of the matter at hand is moot. Therefore, this 
appeal is dismissed. 
ORDER: The appeal is dismissed. 
Cite as Matter of A-1-, 1D#14180 (AAO Sept. 3, 2015)

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