dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed because it was considered moot. After the appeal was filed, the Beneficiary became a lawful permanent resident, making further pursuit of the H-1B nonimmigrant petition unnecessary.
Criteria Discussed
Specialty Occupation
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services In Re: 8912853 Appeal of Vermont Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: SEPT. 17, 2020 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)(15)(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.
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.