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 AAO did not review the merits of the case because the Beneficiary's status had been adjusted to that of a lawful permanent resident, rendering the nonimmigrant petition issues irrelevant.

Criteria Discussed

Specialty Occupation

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U.S. Citizenship 
and Immigration 
Services 
In Re: 8633771 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 15, 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. 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 qualifies as a specialty occupation. On appeal, the Petitioner 
asserts that the Director erred in denying the petition. 
U.S. Citizenship and Immigration Services records indicate the agency adjusted the Beneficiary's 
status to that of a lawful permanent resident in March 2020. Though the Petitioner has not withdrawn 
the appeal, the issues in this proceeding are moot because the Beneficiary is now a lawful permanent 
resident of the United States. 
ORDER: The appeal is dismissed. 
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