dismissed H-1B Case: Business Management

MATTER OF T-C-N-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 11, 2019 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a company that provides business management, marketing, and real estate services 
for retailers and designers, seeks to temporarily employ the Beneficiary as a "chief operations officer 
(head of operations and strategy)" under the H-lB nonimmigrant classification for specialty 
occupations. Immigration and Nationality Act (the Act) section IO I (a)(l 5)(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 Director of the Vermont Service Center denied the petition, concluding that the record did not 
establish that ( 1) the proffered position qualifies as a specialty occupation, (2) there is sufficient 
specialty occupation work for the Beneficiary to perform, and (3) the Beneficiary is qualified to 
perform the duties of the proffered position. On appeal, the Petitioner asserts that the Director erred 
in denying the petition. 
U.S. Citizenship and Immigration Services records indicate that another employer filed a Form I-129 
seeking nonimmigrant classification on behalf of the Beneficiary and that the petition was approved. 
Because the Beneficiary of the instant petition has been approved for H-lB employment with 
another employer, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter ofT-C-N- , Inc., ID# 4655181 (AAO Sept. 11, 2019)