dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Decision Summary

The appeal was dismissed because the issue was rendered moot. The petitioner had filed a separate H-1B petition for the same beneficiary, which was subsequently approved, making further consideration of the appealed denial unnecessary.

Criteria Discussed

Specialty Occupation

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF REIS- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 11, 2019 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , an information technology company, seeks to temporarily employ the Beneficiary as 
an "associate software 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), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB 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 Vermont Service Center denied the petition, concluding that the record does 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 H-lB classification on behalf of the Beneficiary 
and that the petition was approved. Because the Beneficiary 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 of REIS-Inc., ID# 4615287 (AAO Sept. 11 , 2019)

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