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. 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

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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. 
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