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 decision states that the petitioner filed another H-1B petition on behalf of the same beneficiary, which was approved, making further pursuit of the appeal unnecessary.

Criteria Discussed

Employer-Employee Relationship Specialty Occupation

Sign up free to download the original PDF

View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF 1-T- CORP 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 16, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology company, seeks to temporarily employ the Beneficiary as an 
"automation engineer" under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 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 did not 
establish that the Petitioner would have an employer-employee relationship with the Beneficiary . On 
appeal, the Petitioner submits a brief, resubmits evidence already in the record, and asserts that the 
Director erred. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, 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-lB employment 
with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter of I-T- Corp, ID# 4401991 (AAO Sept. 16, 2019) 
Using this case in a petition? Let MeritDraft draft the argument →

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.