dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Decision Summary

The appeal was dismissed as moot because the Beneficiary had already adjusted their status to that of a permanent resident. Since the Beneficiary no longer required the nonimmigrant visa, the issues in the proceeding were considered moot.

Criteria Discussed

Specialty Occupation

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OFT- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 16, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, anl I company, seeks to temporarily employ the Beneficiary as a 
"senior data analyst" 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. § 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, finding that the proffered position 
was not a specialty occupation. On appeal, the Petitioner asserts that the Director's decision was 
erroneous and that the petition should be approved. 
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 August 7, 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 While the Petitioner has not withdrawn the appeal in this proceeding, 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 ofT-LLC, ID# 4767696 (AAO Sept. 16, 2019)

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