dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed as moot because the petitioner filed another H-1B petition for the same beneficiary which was subsequently approved. Therefore, the AAO determined that further pursuit of the appeal was unnecessary.
Criteria Discussed
Employer-Employee Relationship Mootness
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U.S. Citizenship and Immigration Services MATTER OF A-E-S LLC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 10, 2019 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an IT services company, seeks to temporarily employ the Beneficiary as a "software developer-applications" under the H-lB 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 Petitioner had not established it will have an employer-employee relationship with the Beneficiary. Upon de nova review, we will dismiss the appeal as the matter is now moot. 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 A-E-S-LLC, ID# 4810806 (AAO Sept. 10, 2019)
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