dismissed
H-1B
dismissed H-1B Case: Cloud Computing
Decision Summary
The appeal was dismissed as moot. USCIS records indicated that the Petitioner had filed a separate H-1B petition for the same Beneficiary which was approved, making the current appeal unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 5190629 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. 3, 2020 The Petitioner , a global leader in virtualization software and cloud computing infrastructure, seeks to temporarily employ the Beneficiary as a "Product Manager, Cloud Infrastructure Team" under the Hยญ 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 failed to establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner submits additional evidence and contends that the petition should be approved. 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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