dismissed H-1B

dismissed H-1B Case: Analytics Consulting

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Analytics Consulting

Decision Summary

The appeal was dismissed as moot. The Beneficiary had already adjusted status to a U.S. permanent resident, rendering the H-1B petition unnecessary.

Criteria Discussed

Specialty Occupation

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U.S. Citizenship 
and Immigration 
Services 
In Re: 10423443 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 23, 2020 
The Petitioner, an analytics consulting company, seeks to temporarily employ the Beneficiary as a 
"principal consultant" under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
ยง 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific 
specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the petition, concluding that the evidence of record 
does not establish that the proffered position qualifies as a specialty occupation. The matter is now 
before us on appeal. 
A review of our records indicates that this Beneficiary is also the beneficiary of an approved immigrant 
petition and has adjusted status to that of a U.S. permanent resident as of October 2020. While the 
Petitioner has not withdrawn the appeal in this proceeding, it would appear that the Beneficiary is 
presently a permanent resident and the issue in this proceeding is moot. 
ORDER: The appeal is dismissed. 
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