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. The Petitioner had filed another H-1B petition for the same Beneficiary which was subsequently approved, making the current appeal unnecessary.

Criteria Discussed

Specialty Occupation

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U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-&C-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 6, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an international management consulting firm, seeks to temporarily employ the 
Beneficiary as an "associate (management consultant)" 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 evidence of record 
does not establish that the proffered position qualifies as a specialty occupation . On appeal, the 
Petitioner asserts that the Director erred in the decision. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonimmigrant Worker, seeking H-lB classification on behalf of the Beneficiary 
and that the petition was approved. Because the Beneficiary has been approved for H-lB employment 
with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter of M-&C-, Inc., ID# 3818781 (AAO Sept. 6, 2019) 
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