dismissed
H-1B
dismissed H-1B Case: Management Consulting
Decision Summary
The appeal was dismissed as moot. Although the Director initially denied the petition for not establishing the position as a specialty occupation, the Petitioner filed a subsequent H-1B petition for the same Beneficiary, which was approved, rendering the current appeal unnecessary.
Criteria Discussed
Specialty Occupation
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services In Re: 12114196 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 : JAN . 25, 2021 The Petitioner , a management consulting services and analytics company, seeks to temporarily employ the Beneficiary as a "senior analyst" 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. On appeal, the Petitioner asserts that the Director erred. 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 . Becau se 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.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.