dismissed H-1B

dismissed H-1B Case: Commercial Banking

📅 Date unknown 👤 Company 📂 Commercial Banking

Decision Summary

The appeal was dismissed as moot. The Director initially denied the petition because the proffered position did not qualify as a specialty occupation. However, the Petitioner had filed a subsequent H-1B petition for the same Beneficiary, which was approved, rendering the current appeal unnecessary.

Criteria Discussed

Specialty Occupation

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-O-C-
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 6, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a commercial banking company, seeks to temporarily employ the Beneficiary as an 
"associate" under the H-lB nonimmigrant classification for specialty occupations. See 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 Vermont Service Center denied the petition, concluding that the record does not 
establish that the proffered position qualifies as a specialty occupation . On appeal, the Petitioner 
submits a brief and additional evidence, and asserts that the Director erred in denying the petition. 
U.S. Citizenship and Immigration Services' records indicate that the Petitioner filed another Form 
1-129, 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-1 B employment 
with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed . 
Cite as Matter of B-O-C-, ID# 4744296 (AAO Sept. 6, 2019)

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