dismissed H-1B

dismissed H-1B Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Information Technology

Decision Summary

The appeal was dismissed as moot. The AAO noted that the petitioner had filed another H-1B petition on behalf of the same beneficiary, which had been approved, thus resolving the matter and making the current appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
' 
U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF 0-C-, LLC DATE: OCT. 19,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology consulting firm, seeks to extend the Beneficiary's. 
temporary employment as a "senior technical environment engineer" under the H -1 B nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
101(a)(15)(H)(i)(b); ~,U.S.C. ยง 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, California Service Center, denied the petition. The Director concluded that the 
Petitioner had not established the proffered position is a specialty occupation. The matter is now 
before us on appeal. In its appeal, the Petitioner submits additional evidence and asserts that the 
Director erred as the Beneficiary will be employed in a specialty occupation with sufficient work for 
the requested employment period. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
I-129 seeking nonimmigrant H-1B classification on behalf of the Beneficiary and that the other 
petition was approved. 
_) 
Because the Beneficiary of the instant petition has been approved for H -1 B employment with the 
Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter ofO-C-, LLC, ID# 11484 (AAO Oct. 19, 2016) 
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