dismissed
H-1B
dismissed H-1B Case: Law
Decision Summary
The appeal was dismissed because the issue was deemed moot. A review of records indicated that the beneficiary had already adjusted their status to a U.S. permanent resident, making the nonimmigrant petition no longer relevant.
Criteria Discussed
Specialty Occupation Mootness
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U.S. Citizenship and Immigration Services MATTER OF S- LLC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: JULY 11, 2016 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a law firm, seeks to temporarily employ the Beneficiary as a "law clerk" under the H-1B 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 higl)ly 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, Vermont Service Center, initially approved the nonimmigrant visa petition. Upon subsequent review of the record, the Director revoked the approval of the petition. The matter is now before us on appeal. Upon de novo review, we will dismiss the appeal as the matter is now moot. A review of U.S. Citizenship and Immigration Services records indicates that this Beneficiary is also the Beneficiary of an approved immigrant petition and has adjusted status to that of a U.S. permanent resident as of March 15, 2016. While the Petitioner has not withdrawn the appeal in this proceeding, it would appear that the Beneficiary is presently a permanent resident and the issue in this proceeding is moot. ORDER: The appeal is dismissed. Cite as Matter ofS- LLC, ID# 17857 (AAO July 11, 2016)
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