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