dismissed
H-1B
dismissed H-1B Case: 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 While the Petitioner has not withdrawn the appeal in this proceeding, it would appear that the Beneficiary is presently a permanent resident and the issue in this proceeding is moot.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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