dismissed
H-1B
dismissed H-1B Case: 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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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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