dismissed H-1B

dismissed H-1B Case: Civil Engineering

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Civil Engineering

Decision Summary

The appeal was dismissed as moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary had been approved, rendering further consideration 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: 10692206 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 4, 2020 
The Petitioner, a land development services company, seeks to temporarily employ the Beneficiary as 
a "civil engineering drafter/designer" under the H-lB nonimmigrant classification for specialty 
occupations. 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 record did not 
establish that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that 
the Director erred. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 
1-129, Petition for a Nonimmigrant Worker, seeking nonimmigrant 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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