dismissed
H-1B
dismissed H-1B Case: 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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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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