dismissed H-1B

dismissed H-1B Case: Computer Science

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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