dismissed H-1B

dismissed H-1B Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Information Technology

Decision Summary

The appeal was dismissed because the issues became moot. The beneficiary's status was adjusted to that of a lawful permanent resident while the appeal was pending, making the nonimmigrant H-1B petition irrelevant.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 8911063 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEP. 30, 2020 
The Petitioner, an information technology consulting company, seeks to temporarily employ the 
Beneficiary as a "technical implementation lead" 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 Vermont Service Center denied the petition , concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
asserts that the Director erred in denying the petition . 
U.S. Citizenship and Immigration Services records indicate the agency adjusted the Beneficiary's 
status to that of a lawful permanent resident in September 2020. Though the Petitioner has not 
withdrawn the appeal, the issues in this proceeding are moot because the Beneficiary is now a lawful 
permanent resident of the United States. 
ORDER: The appeal is dismissed. 
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