dismissed H-1B Case: Biotechnology

U.S. Citizenship 
and Immigration 
Services 
In Re : 8768690 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 21, 2020 
The Petitioner, a biotechnology research laboratory , seeks to temporarily employ the Beneficiary as a 
"chemical engineer" under the H-lB nonirnmigrant classification for specialty occupations. Immigration 
and Nationality Act (the Act) section 101(a)(15)(H)(i)(b) , 8 U.S.C . § 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 record did not 
establish that the proffered position qualifie s as a specialty occupation . Specifically , the Director 
concluded that the record did not establish the substantive nature of the work the Beneficiary would 
perform during the requested employment period . 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonirnmigrant Worker , seeking H-lB classification on behalf of the Beneficiary 
and that the petition was approved . Becau se the Beneficiary has been approved for H-IB employment 
with the Petitioner , further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed.