dismissed
H-1B
dismissed H-1B Case: 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records showed that the Beneficiary had already adjusted their status to a lawful permanent resident after the petition was revoked, making further pursuit of the H-1B appeal unnecessary.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
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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.
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