dismissed
H-1B
dismissed H-1B Case: Healthcare Management
Decision Summary
The appeal was dismissed as moot. The AAO noted that the petitioner had filed a subsequent H-1B petition on behalf of the same beneficiary, which was approved. Since the beneficiary was already granted the requested nonimmigrant status, further pursuit of the current appeal was deemed unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re : 8284627 Appeal of California Service Center Decision Form I-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : APR. 29, 2020 The Petitioner, a physician practice management company, seeks to temporarily employ the Beneficiary as a "research assistant" 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. § 1101(a)(15)(H)(i)(b). The H-1B 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 California Service Center denied the petition, concluding that the Petitioner did not establish that the proffered position qualifies as a specialty occupation . On appeal, the Petitioner submits a brief and additional evidence, and asserts that the Director erred in denying the petition . U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form I-129, Petition for a Nonimmigrant Worker, seeking nonimmigrant classification on behalf of the Beneficiary, and that the petition was approved. Because the Beneficiary appears to have been granted nonimmigrant status for a period of time extending beyond the period of H-1 B approval requested in the instant petition, further pursuit of the matter at hand would appear moot. ORDER: The appeal is dismissed.
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