dismissed
H-1B
dismissed H-1B Case: Education
Decision Summary
The appeal was dismissed because the issue was rendered moot. After the initial petition was denied, the Petitioner filed a new Form I-129 petition on the Beneficiary's behalf, which was subsequently approved, making further pursuit of the appeal unnecessary.
Criteria Discussed
Licensure Requirement Mootness
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date: MAY 16, 2024 In Re: 31112091 Appeal of Texas Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) The Petitioner seeks to temporarily employ the Beneficiary 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 Texas Service Center Director denied the petition, concluding that the Petitioner did not establish the Beneficiary possessed the appropriate license to practice as a teacher in Georgia, or that she was exempt from that requirement. The matter is now before us on appeal. Upon de novo review, we will dismiss the appeal as the matter is now moot. An examination of U.S. Citizenship and Immigration Services (USCIS) records reveals that after the Director denied this petition, the Petitioner submitted a new Form 1-129, Petition for a Nonimmigrant Worker, on the Beneficiary 's behalf. USCIS records also confirm the agency approved that Form 1-129. Given that the Beneficiary received approval for H- lB employment with the Petitioner through another petition, further pursuit of the present matter is rendered moot. ORDER: The appeal is dismissed.
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