dismissed H-1B

dismissed H-1B Case: Consulting

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Consulting

Decision Summary

The appeal was dismissed because the matter was considered moot. The Beneficiary had already been approved for H-1B employment through a separate petition filed by another petitioner, rendering the current appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 8706167 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 23, 2020 
The Petitioner, a consulting firm, seeks to temporarily employ the Beneficiary as an "Operations 
Manager" under the H-lB nonimrnigrant 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 Petitioner failed 
to establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits a brief along with previously submitted evidence and contends that the petition should be 
approved. 
U.S. Citizenship and Immigration Services records indicate that another Petitioner filed Form 1-129, 
Petition for a Nonimrnigrant 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, 
further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
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