dismissed H-1B

dismissed H-1B Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The appeal was dismissed because the underlying issues were deemed moot. The beneficiary had already adjusted their status to a permanent resident as of November 12, 2019, making the nonimmigrant petition no longer relevant.

Criteria Discussed

Specialty Occupation Mootness

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re : 5982141 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 12, 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. § 1101 ( a)(l 5)(H)(i)(b ). 
The Vermont Service Center Director denied the petition, concluding that the record did not establish 
that the proffered position qualifies as a specialty occupation. A subsequent motion to reconsider filed 
by the Petitioner was dismissed. The matter is now before us on appeal. 
A review of the records of U.S. Citizenship and Immigration Services indicates that the Beneficiary is 
also the Beneficiary of an approved i1mnigrant petition and has adjusted status to that of a permanent 
resident as of November 12, 2019. While the Petitioner has not withdrawn the appeal in these 
proceedings, it would appear that the Beneficiary is presently a permanent resident and the issues in these 
proceedings are moot. Therefore , this appeal is dismissed. 
ORDER: The appeal is dismissed.

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