dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed as moot. The AAO noted that another H-1B petition filed for the same beneficiary had been approved, making further pursuit of the current appeal unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services MATTER OF M-, INC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 5, 2019 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a company engaged in IT consultation and solutions, seeks to temporarily employ the Beneficiary as a "programmer/analyst" under the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality Act section 10l(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 did not establish that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that the Director erred in the decision. U.S. Citizenship and Immigration Services records indicate that another Form 1-129, Petition for a Nonimmigrant Worker, seeking H-IB classification on behalf of the Beneficiary was filed and that the petition was approved. Because the Beneficiary has been approved for H-lB employment, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter of M-, Inc., ID# 5529199 (AAO Sept. 5, 2019)
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