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. After the initial denial, the petitioner filed a new H-1B petition for the same beneficiary which was approved, rendering the current appeal unnecessary.

Criteria Discussed

Specialty Occupation Employer-Employee Relationship

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 9047975 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL Y 2, 2020 
The Petitioner , an information technology company, seeks to temporarily employ the Beneficiary as a 
"Salesforce 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 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 require s 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 the position qualifies as a specialty occupation. The Director also concluded that the record 
did not establish the Petitioner would have an employer-employee relationship with the Beneficiary . 
The matter is now before us on appeal. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonirnmigrant Worker , 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. 
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