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 for the same beneficiary which was subsequently approved, making further pursuit of this specific appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-S-S- , INC. 
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, a company engaged in information technology consulting services , seeks to temporarily 
employ the Beneficiary as a "SQL BI developer" under the H-lB nonimmigrant classification for 
specialty occupations. Immigration and Nationality Act section 10l(a)(l5)(H)(i)(b) , 8 U.S.C. 
ยง 110l(a)(l5)(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 Petitioner did not 
establish that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that 
the Director erred in the decision. 
U.S. Citizenship and Immigration Services record s 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 Matte r of B-S-S-, Inc. , ID# 4 789167 (AAO Sept. 16, 2019) 
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