dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed because it was deemed moot. The record indicated that the Petitioner had filed a separate H-1B petition for the same Beneficiary, which had been approved, thus rendering the current appeal unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 9501975 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: JULY 29, 2020 The Petitioner, an information technology services company, seeks to temporarily employ the Beneficiary as a "Salesforce 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. 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 evidence of record does not establish that the proffered position qualifies as a specialty occupation. 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 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-1 B employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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