dismissed
H-1B
dismissed H-1B Case: Technical Writing
Decision Summary
The appeal was dismissed as moot because the Beneficiary had already adjusted their status to that of a lawful permanent resident as of November 25, 2015. Although the initial revocation was due to the petitioner's failure to pay the specified wages, the beneficiary's new status rendered the issues in the H-1B proceeding irrelevant.
Criteria Discussed
Payment Of Required Wage Mootness Due To Adjustment Of Status
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U.S. Citizenship and Immigration Services MATTER OF D-L-B-, INC. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: JAN. 11, 2016 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a property preservation, restoration and enhancement services provider, filed the petition in order to temporarily employ the Beneficiary as a "technical writer" under the H-lB nonimmigrant classification. See Immigration and Nationality Act § 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101 ( a)(15)(H)(i)(b ). The Director, Vermont Service Center, initially approved the petition but later revoked the approval upon determining that the evidence of record, including the Petitioner's response to the Notice of Intent to Revoke, did not establish that the Petitioner had been paying the Beneficiary the wages specified in the approved petition. The matter is now before us on appeal. The appeal will be dismissed. A review of the records of U.S. Citizenship and Immigration Services (USCIS) indicates that the Beneficiary has adjusted status to that of a lawful permanent resident as of November 25, 2015. While the Petitioner has not withdrawn the appeal, it would appear that the Beneficiary is presently a lawful permanent resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed. 1 ORDER: The appeal is dismissed. Cite as Matter of D-L-B-, Inc., ID# 10979 (AAO Jan. 11, 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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