dismissed
H-1B
dismissed H-1B Case: Quantitative Research
Decision Summary
The appeal was dismissed as moot because the beneficiary's application for permanent residence (Form I-485) had already been approved. Therefore, the outcome of the H-1B nonimmigrant petition was no longer relevant.
Criteria Discussed
Specialty Occupation Mootness
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U.S. Citizenship and Immigration Services In Re : 8354279 Appeal of Vermont Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : MAR . 27, 2020 The Petitioner seeks to temporarily employ the Beneficiary as a "quantitative research analyst" under the H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b) . The Vermont Service Center Director denied the petition , concluding that the Petitioner did not establish that the proffered position qualifies as a specialty occupation. The petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 1 The Administrative Appeals Office (AAO) reviews the questions in this matter de nova. 2 Upon de nova review, we will dismiss the appeal. U.S. Citizenship and Immigration Services records indicate that the Beneficiary's Form I-485, Application to Register Permanent Residence or Adjust Status, has been approved. As the Beneficiary has been approved for lawful permanent residence status, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. 1 Section 291 of the Act; Matter ofCha wathe, 25 I&N Dec. 369, 375 (AAO 2010). 2 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) .
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