dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed as moot. The decision noted that the petitioner filed another H-1B petition for the same beneficiary which was subsequently approved, making further pursuit of the initial denial unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services MATTER OF V-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 16, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner , an information technology consulting business , seeks to temporarily employ the Beneficiary as a "test development engineer" under the H-1 B 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 California Service Center Director denied the petition , concluding that the Petitioner had not established it bad sufficient specialty occupation work for the Beneficiary to perform for the intended employment period. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 1-129, Petition for a Nonirnmigrant Worker, seeking the same nonimmigrant classification on behalf of the Beneficiary , and that the petition was approved. Because the Beneficiary bas 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 V-, Inc., ID# 4948894 (AAO Sept. 16, 2019)
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