dismissed H-1B

dismissed H-1B Case: Business Analysis

📅 Date unknown 👤 Organization 📂 Business Analysis

Decision Summary

The appeal was dismissed because the issue was considered moot. A review of USCIS records indicated that the Beneficiary had already filed and been approved for an adjustment of status to a lawful permanent resident, making the H-1B petition no longer relevant.

Criteria Discussed

Mootness Specialty Occupation

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JUL. 24. 2024 In Re: 10206375 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
The Petitioner, a not-for-profit organization, seeks to employ the Beneficiary as a business analyst 
under the H-1 B nonimmigrant classification for specialty occupations. See Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 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 Vermont Service Center Director denied the petition. The matter is now before us on appeal 
pursuant to 8 C.F.R. § 103.3. Upon de novo review, we will dismiss the appeal as the matter is now 
moot. 
A review of United States Citizenship and Immigration Services (USCIS) records indicate that the 
Beneficiary filed a Form 1-485, Application to Adjust Status, which was approved. Because the 
Beneficiary has adjusted to lawful permanent resident status, further pursuit of the matter at hand is 
moot. 
ORDER: The appeal is dismissed.

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