dismissed H-1B

dismissed H-1B Case: Cybersecurity

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

Decision Summary

The appeal was dismissed as moot. The AAO noted that the Petitioner had filed a subsequent H-1B petition for the same Beneficiary which was approved, 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: 17679218 
Appeal of Nebraska Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUN . 24, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a cybersecurity analyst 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 Nebraska Service Center denied the petition , concluding the evidence was 
insufficient to establish that the position qualified as a specialty occupation. The matter is now before 
us on appeal. On appeal , the Petitioner asserts that the Director erred. We will dismiss the appeal. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 
1-129, Petition for N onimmigrant Worker , seeking nonimmigrant H-1 B classification on behalf of the 
Beneficiary and that the petition was approved . 
Because the Beneficiary of the instant petition has been approved for H-lB employment with 
Petitioner , further pursuit of the matter at hand would be moot. 
ORDER: The appeal is dismissed. 
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