dismissed
H-1B
dismissed H-1B Case: Computer Consultancy
Decision Summary
The appeal was dismissed as moot. USCIS records indicated the Beneficiary had adjusted status to that of a permanent resident, rendering the issues in the nonimmigrant H-1B proceeding moot.
Criteria Discussed
Specialty Occupation Validity Of Employment
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U.S. Citizenship and Immigration Services MATTER OF C-T-S-US CORP Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 6, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a computer and software consultancy company, seeks to temporarily employ the Beneficiary as a "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. 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 California Service Center initially approved the petition . Upon review of the findings of an administrative site visit to the claimed work location of the Beneficiary , which demonstrated that the Beneficiary was not employed in the capacity specified in the petition, the Director ultimately revoked the petition's approval. On appeal, the Petitioner asserts that the Director's decision was erroneous and that the revocation should be overturned. 1 U.S. Citizenship and Immigration Services (USCIS) records indicate that this Beneficiary is the spouse of a Beneficiary of an approved immigrant petition and has adjusted status to that of a permanent resident as of July 31 , 2019. While the Petitioner has not withdrawn the appeal in this proceeding, it would appear that the Beneficiary is presently a permanent resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed. ORDER: The appeal is dismissed. Cite as Matter ofC-T-S-US Corp, ID# 6510597 (AAO Sept. 6, 2019) 1 We note that this appeal has been pending for several years; however , no explanation was provided regarding the delay in the forwarding of this matter to our office for review .
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