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 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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View Full Decision Text
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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