dismissed H-1B

dismissed H-1B Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Unknown

Decision Summary

The appeal was dismissed because the issue was rendered moot. U.S. Citizenship and Immigration Services (USCIS) records showed that the Beneficiary had already adjusted their status to a lawful permanent resident after the petition was revoked, making further pursuit of the H-1B appeal unnecessary.

Criteria Discussed

Wage Level Mootness

Sign up free to download the original PDF

View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JULY 22, 2024 In Re: 31615461 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimrnigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary 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)(l5)(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 Vermont Service Center Director initially approved then revoked the petition's approval, 
concluding that the Petitioner did not establish the wage level it specified it would utilize to 
compensate the Beneficiary was correct. The matter is now before us on appeal. Upon de nova review, 
we will dismiss the appeal as the matter is now moot. 
An examination of U.S. Citizenship and Immigration Services (USCIS) records reveals that after the 
Director revoked this petition's approval, the Beneficiary has adjusted his status to that of a lawful 
permanent resident of the United States. Because of that status adjustment, further pursuit of the 
matter at hand is moot. 
ORDER: The appeal is dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.