dismissed
H-1B
dismissed H-1B Case: Accounting
Decision Summary
The appeal was dismissed because the case was rendered moot. A subsequent H-1B petition filed for the same beneficiary by another employer was approved, making further pursuit of the current appeal unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 7011181 Appeal of California Service Center Decision Form I-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: JAN. 15, 2020 The Petitioner, an accounting and consulting firm, 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 California Service Center denied the petition, concluding that the Petitioner did not establish that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that the Director erred in denying the decision. Upon de nova review, we will dismiss the appeal as the matter is now moot. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date subsequent to the denial of the instant petition, a U.S. employer submitted a new Form I-129 on behalf of the Beneficiary . USCIS records further indicate that this new Form I-129 was approved. Because the Beneficiary in the instant petition has been approved for H-lB employment based upon the filing of another petition, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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