dismissed H-1B Case: Hospitality

(b)(6)
U. S. Department 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: MAR 0 3 2015 OFFICE: VERMONT 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: 
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://www.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, 
�� 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The service center director (hereinafter "director") denied the nonimmigrant visa 
petition, and the matter is now before the Administrative Appeals Office on appeal. The appeal will be 
dismissed as the matter is now moot. 
On the Petition for a Nonimmigrant Worker (Form I-129), the petitioner describes itself as a 
23-employee hotel established in In order to employ the beneficiary in what it designates as a 
"Project Manager" position, the petitioner seeks to classify him 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 June 12, 2014 because she determined that the petitioner failed to 
demonstrate it would employ the beneficiary in a specialty occupation position. On appeal, the 
petitioner contended that the director's decision to deny the petition does not accord with the 
evidence of record and, therefore, should be overturned. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on August 
13, 2014, subsequent to the denial of the instant petition, another employer filed a Form I-129 
petition seeking nonimmigrant H -1B classification on behalf of the beneficiary. US CIS records 
further indicate that this other employer's petition was approved on October 5, 2014. Because the 
beneficiary in the instant petition has been approved for H-lB employment with another petitioner, 
further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. The petition is denied.