dismissed H-1B Case: Business Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 10893949 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 23, 2020 
The Petitioner, a retail franchise investment holding company, seeks to temporarily employ the 
Beneficiary as a "General and Operations Manager" 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. § 110l(a)(15)(H)(i)(b). The H-IB 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 Petitioner failed 
to establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits a brief and contends that the petition should be approved . 
U.S. Citizenship and Immigration Services records indicate that another Petitioner filed Form 1-129, 
Petition for a Nonimmigrant Worker , seeking H-lB classification on behalf of the Beneficiary and 
that the petition was approved . Because the Beneficiary has been approved for H-lB employment, 
further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed.