dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed because the issue was considered moot. The petitioner had filed another H-1B petition for the same beneficiary which was subsequently approved, making further consideration of the appealed denial unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 8819647 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : MAY 29, 2020 The Petitioner, an information technology consulting company, seeks to extend the Beneficiary's temporary employment as a "software developer" under the H-lB nonirnmigrant classification for specialty occupations. 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 Director of the California Service Center denied the petition, concluding that the record did not establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner asserts that the Director erred in denying the petition. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 1-129, Petition for a Nonimmigrant Worker, seeking H-lB classification on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary has been approved for H-IB employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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