dismissed H-1B

dismissed H-1B Case: Education

๐Ÿ“… Date unknown ๐Ÿ‘ค Organization ๐Ÿ“‚ 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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View Full Decision Text
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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