dismissed H-1B

dismissed H-1B Case: Accounting

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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