dismissed H-1B

dismissed H-1B Case: Management Consulting

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Management Consulting

Decision Summary

The appeal was dismissed as moot. After the director denied the initial petition, the petitioner filed a new Form I-129 for the same beneficiary, which was approved, making further pursuit of the appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 09692995 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEPT. 2, 2020 
The Petitioner, an international management consulting firm, seeks to extend the Beneficiary's 
temporary employment as a "associate (management consultant)" under the H-lB nonimmigrant 
classification for specialty occupations. 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 is a specialty occupation. This matter is now before us on appeal. 
Upon de nova review, we will dismiss the appeal. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date 
subsequent to the denial of the instant petition , the Petitioner submitted a new Form 1-129 on behalf 
of the Beneficiary. USCIS records further indicate that this new Form 1-129 was approved. Because 
the Beneficiary in the instant petition has been approved for H-lB employment with the Petitioner 
based upon the filing of another petition , further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
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