dismissed
H-1B
dismissed H-1B Case: Computer Business
Decision Summary
The appeal was dismissed as moot. After the initial petition was denied, a different employer's H-1B petition for the same beneficiary was approved. Because the beneficiary had already secured H-1B status through another company, the original appeal was no longer relevant.
Criteria Discussed
Employer-Employee Relationship
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MATTER OF S-S- INC. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: APR.3,2017 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a computer business, seeks to temporarily employ the Beneficiary as a "software quality assurance engineer" under the H -1 B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act section 101(a)(15)(H)(i)(b)~ 8U.S.C. § 110l(a)(15)(H)(i)(b). The H-1B 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 pre'requisite for entry into the position. The Director of the Vermont Service Center denied the petition, concluding that the Petitioner has not established that it will have a valid employer-employee relationship with the Beneficiary. On appeal, the Petitioner asserts that the Director erred in the decision. Upon de novo review, we will dismiss the appeal as the matter is now moot. Specifically, a review of our records indicates that on a date subsequent to the denial of the instant petition, another employer submitted a Form 1-129, Petition for a Nonimmigrant Worker, on behalf ofthe Beneficiary. Our records further indicate that this other employer's Form 1-129 was approved. Because the Beneficiary has been approved for H-1 B employment with another employer, this matter is moot. ORDER: The appeal is dismissed. Cite as Matter ofS-S- Inc., ID# 310329 (AAO Apr. 3, 2017)
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