dismissed
H-1B
dismissed H-1B Case: Life Science Consulting
Decision Summary
The appeal was dismissed as moot. The AAO found that the petitioner had filed another H-1B petition on behalf of the same beneficiary which had already been approved, making further pursuit of the current appeal unnecessary.
Criteria Discussed
Beneficiary Qualifications Mootness
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U.S. Citizenship and Immigration Services MATTER OF Z-L- LLC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 16, 2019 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a consulting service for life science and healthcare information technology project support, seeks to temporarily employ the Beneficiary as a "medical reviewer" under the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(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 record did not establish that the Beneficiary was qualified to perform the duties of the proffered position. 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-lB employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter ofZ-L- LLC ID# 5032834 (AAO Sept. 16, 2019)
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