dismissed H-1B

dismissed H-1B Case: Data Engineering

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

Decision Summary

The appeal was dismissed as moot. The AAO noted that the petitioner had already filed a subsequent H-1B petition for the same beneficiary, and that new petition had been approved, rendering the appeal of the initial denial unnecessary.

Criteria Discussed

Specialty Occupation Qualification Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 18144776 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL. 29, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a data engineer II 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 Texas Service Center denied the petition , concluding the evidence was insufficient 
to establish that the Beneficiary qualified for the 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 onimrnigrant Worker, seeking nonimrnigrant 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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