dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Decision Summary

The appeal was dismissed as moot. USCIS records indicated that the petitioner had filed another H-1B petition on behalf of the same beneficiary, which had been approved. Because the beneficiary was already approved for H-1B employment with the petitioner, the AAO determined that further pursuit of the appeal was unnecessary.

Criteria Discussed

Specialty Occupation

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re: 3995441 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 8, 2020 
The Petitioner, an information technology business, seeks to temporarily employ the Beneficiary as a 
"Hadoop Developer" 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 failed 
to establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits additional evidence and contends that the petition should be approved. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another 
Form I-129, Petition for a Nonirnmigrant 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.

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