dismissed
H-1B
dismissed H-1B Case: 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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →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)
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.