dismissed H-1B

dismissed H-1B Case: Dentistry

📅 Date unknown 👤 Organization 📂 Dentistry

Decision Summary

The appeal was dismissed because the issues were deemed moot. The beneficiary had already adjusted their status to that of a lawful permanent resident as of November 16, 2016, rendering the H-1B nonimmigrant petition irrelevant.

Criteria Discussed

H-1B Cap Exemption Filing Fee Mootness Due To Adjustment Of Status

View Full Decision Text

U.S. Citizenship
and Immigration
Services
MATTER OF P-C-H-C-
Non-Precedent Decision of the
Administrative Appeals Office
DATE: JAN. 11,2017
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a health center, seeks to temporarily employ the Beneficiary as a dentist 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-1B 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, California Service Center, denied the petition. The Director concluded that the
evidence of record does not establish that the Beneficiary qualifies for an exemption from the fiscal
year 2016 H -1 B cap based on the Petitioner's relation to or affiliation with an institution of higher
education. The Director also denied the petition based on the Petitioner's failure to submit the
required filing fee.
The matter is now before us on appeal. In its appeal, the Petitioner submits a brief and additional
evidence, and asserts that it has satisfied all evidentiary requirements. We will dismiss the appeal.
U.S. Citizenship and Immigration Services records indicate that this Beneficiary is also the
beneficiary of an approved immigrant petition and has adjusted status to that of a lawful permanent
resident as of November 16, 2016. While the Petitioner has not withdrawn the appeal in this
proceeding, it would appear that the Beneficiary is presently a lawful permanent resident and the issues
in this proceeding are moot.
ORDER: The appeal is dismissed.
Cite as Matter of P-C-H-C-, ID# 94273 (AAO Jan. 11, 2017)

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.