dismissed
H-1B
dismissed H-1B Case: Computer Science
Decision Summary
The appeal was dismissed as moot. USCIS records indicated that the petitioner had filed another H-1B petition on behalf of the same beneficiary, which had been approved. Therefore, further consideration of the appealed denial was unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 10240877 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 : SEPT . 21, 2020 The Petitioner, a computer system design company , seeks to temporarily employ the Beneficiary as a "cloud administrator" 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. 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 evidence of record does not establish that the proffered position qualifies as a specialty occupation and that the Beneficiary will perform services in a specialty occupation for the requested period of intended employment. The matter is now before us on appeal. 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-lB employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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