dismissed H-1B Case: Biopharmaceutical Science

(b)(6)
DATE : JUl 0 1 2015 
IN RE : Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citi ze nship and Immigration Service 
Administr ative Appeals Oftic e (AAO) 
20 Massachu setts Ave .• N.W .• MS 2090 
Washington , DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION REC EIPT#: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 1 01 (a)( 15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U .S.C. § 1101(a)(I5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
NO REPRESENTATIVE OF RECORD 
Enclosed is the non-precedent decision of the Administrative Appeals Office (AAO) for your case . 
If you believe we incorrectly decided your case , you may file a motion requesting us to reconsider our 
decision and/or reopen the proceeding. The requirement s for motions are located at 8 C.F.R . § 1 03.5. 
Motions must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this 
decision. The Form I-290B web page (www .uscis.gov/i-290b) contains the latest information on fee , filing 
location , and other requirements. Please do not mail any motions directly to the AAO. 
Thank you, 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
dismissed. 
On the Petition for a Nonimmigrant Worker (Form 1-129), the petitioner describes itself as a bio­
pharmaceutical company established in In order to employ the beneficiary in what it 
designates as a senior research scientist position, the petitioner seeks to classify him as a 
nonimmigrant worker in a specialty occupation pursuant to section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(H)(i)(b). 
On October 1, 2014, the Director denied the petition finding that the petitioner did not establish that 
the proffered position qualifies for classification as a specialty occupation in accordance with the 
applicable statutory and regulatory provisions. The petitioner filed a timely appeal. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that another 
employer filed a Form 1-129 seeking nonimmigrant H-1 B classification on behalf of the beneficiary. 
USCIS records further indicate that this other employer's petition was approved on June 4, 2015. 
Because the beneficiary in the instant petition has been approved for H-IB employment with another 
employer, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed .