dismissed H-1B

dismissed H-1B Case: Operations Research

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Operations Research

Decision Summary

The appeal was dismissed as moot. The decision notes that the beneficiary had already adjusted their status to that of a lawful permanent resident, rendering the issues in the H-1B revocation appeal irrelevant.

Criteria Discussed

Multiple H-1B Filings Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF U-POSS- INC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 30,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a "credit card merchant/processing service" provider, seeks to temporarily employ 
the Beneficiary as an operation research analyst under the H-1 B 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, Vermont Service Center, initially approved the petition and later revoked the approval 
upon finding that (1) the Petitioner filed multiple H-1 B petitions for the Beneficiary in violation of 8 
C.P.R. ยง 214.2(h)(2)(i)(G); and (2) the proffered position does not qualify as a specialty occupation. 
U.S. Citizenship and Immigration Services records indicate that the Beneficiary has adjusted status 
to that of a lawful permanent resident as of October 29, 2016. While the Petitioner has not 
withdrawn the appeal, it would appear that the Beneficiary is presently a lawful permanent resident 
and the issues in this proceeding are moot. 1 
ORDER: The appeal is dismissed. 
Cite as Matter ofU-POSS- Inc, ID# 11884 (AAO Nov. 30, 2016) 
1 
We dismiss the appeal as moot without prejudice. If this revocation becomes an issue in relation to the Beneficiary's 
lawful permanent resident status, we will reopen the matter sua sponte upon the Petitioner's request. 
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