dismissed H-1B

dismissed H-1B Case: Data Analytics

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Data Analytics

Decision Summary

The appeal was dismissed because the issue was considered moot. The petitioner had filed another H-1B petition for the same beneficiary which was subsequently approved, making further consideration of this appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 11271653 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 26, 2021 
The Petitioner, a data analytics and solutions company, seeks to temporarily employ the Beneficiary 
as a "product management associate" 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 Vermont Service Center denied the petition, concluding that the evidence of record 
does not establish that the proffered position qualifies as a specialty occupation. 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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