dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed as moot. The AAO found that the Petitioner had filed another H-1B petition for the same Beneficiary, which was subsequently approved. Because the Beneficiary was already approved for H-1B employment with the Petitioner, the AAO considered the matter resolved and dismissed the appeal.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services MATTER OF G-1- INC Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 6, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an information technology company , seeks to temporarily employ the Beneficiary as a "computer information analyst/systems analyst" under the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality 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 California Service Center denied the petition, concluding that the record did not establish that the proffered position qualifies as a specialty occupation . On appeal, the Petitioner asserts that the Director erred in denying the petition. 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 G-1- Inc , ID# 5381875 (AAO Sept. 6, 2019)
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