dismissed
H-1B
dismissed H-1B Case: Computer Science
Decision Summary
The appeal was dismissed because the matter was considered moot. The AAO noted that the petitioner had filed another H-1B petition on behalf of the same beneficiary, and that subsequent petition had already been approved.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services MATTER OF K-S- INC. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 13, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a web development organization, seeks to temporarily employ the Beneficiary as a "computer programmer" under the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality 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 California Service Center denied the Form 1-129, Petition for a Nonimmigrant Worker, concluding that the record did not establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner asserts that the Director erred in denying the petition. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another petition 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 . Cite asMatterofK-S-Inc ., ID# 5145814 (AAO Sept. 13, 2019)
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