dismissed H-1B Case: Management Consulting

U.S. Citizenship 
and Immigration 
Services 
In Re: 9686650 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 8, 2020 
The Petitioner 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. § 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 and the Petitioner has established eligibility for this benefit. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 
1-129, Petition for a Nonimmigrant Worker, seeking nonimmigrant 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.