dismissed H-1B

dismissed H-1B Case: Entertainment Management

📅 Date unknown 👤 Company 📂 Entertainment Management

Decision Summary

The appeal was dismissed because the matter was considered moot. The petitioner filed a subsequent H-1B petition for the same beneficiary, which was approved while this appeal was pending. Since the beneficiary had already been granted the requested H-1B status, there was no longer a need to adjudicate the original denial.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
(b)(6)
U.S.Uepartment of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JAN 0 2 2C15 OFFICE: CALIFORNIA SERVICE CENTER FILE: 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER IN THE FORM 1-129 PROCEEDING: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http:ljwww.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. 
Thank you, 
,\��A� 
/�,;_ 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition that is now 
before the Administrative Appeals Office on appeal. The appeal will be dismissed as the matter is 
now moot. 
On the Form I-129 visa petition, the petitioner describes itself as a 6-employee "Entertainment 
Management Company- Music, Education, and Miscellaneous Entertainment" established in 2013. 
In order to employ the beneficiary in what it designates as a "Client Services Manager" position, the 
petitioner seeks to classify her as a nonimmigrant worker in a specialty occupation pursuant to section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1101( a)(15)(H)(i)(b ). 
The director denied the petition on May 9, 2014 because the petitioner failed to establish that the 
proffered position is a specialty occupation position. On appeal, counsel submitted a brief and 
additional evidence. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on August 11, 
2014, a date subsequent to the denial of the instant petition, the petitioner submitted a new Form l-129, 
receipt number on behalf of the beneficiary. USCIS records further indicate that 
this second petition was approved on December 19, 2014, which granted the beneficiary H-1B status 
from December 18, 2014 until August 14, 2017. Because the beneficiary in the instant petition has been 
approved for H-1B employment with the petitioner based upon the filing of another petition, further 
pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. The petition is denied. 
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