dismissed
H-1B
dismissed H-1B Case: Business Development
Decision Summary
The appeal was dismissed as moot. The AAO noted that the petitioner had filed another H-1B petition on behalf of the same beneficiary, which was approved. Therefore, further pursuit of the appeal was unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 5412551 Appeal of California Service Center Decision Form I-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: JAN. 16, 2020 The Petitioner, an energy technology company, seeks to temporarily employ the Beneficiary as an "international business development specialist" under the H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality 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 proffered position does not qualify as a specialty occupation. On appeal, the Petitioner submits additional evidence and asserts that the Director erred. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form I-129, Petition for a Nonimmigrant Worker, seeking H-lB classification on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary has been approved for H-lB employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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