dismissed H-1B

dismissed H-1B Case: Unknown

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

Decision Summary

The appeal was dismissed as moot. After the appeal was filed, the Beneficiary became a lawful permanent resident, which rendered further pursuit of the H-1B nonimmigrant petition unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re : 11969406 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 2, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations . See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. ยง 110l(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 Director of the Vermont Service Center denied the petition, concluding the evidence was 
insufficient to establish that the position qualified as a specialty occupation under any of the criteria 
in 8 C.F.R. ยง 214.2(h)(4)(iii)(A). The matter is now before us on appeal. On appeal, the Petitioner 
asserts that the Director's decision was in error. 
U.S. Citizenship and Immigration Services records indicate that subsequent to filing the appeal, the 
Beneficiary became a lawful permanent resident. Therefore, further pursuit of the matter at hand is 
moot. 
ORDER: The appeal is dismissed. 
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