dismissed
H-1B
dismissed H-1B Case: Music
Decision Summary
The appeal was dismissed as moot. A subsequent H-1B petition filed by the same petitioner for the same beneficiary was approved, rendering the current appeal unnecessary.
Criteria Discussed
Specialty Occupation Criteria (8 C.F.R. ยง 214.2(H)(4)(Iii)(A))
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U.S. Citizenship and Immigration Services In Re : 15775929 Appeal of Nebraska Service Center Decision Form 1-129, Petition for Nonimmigrant Worker Non-Precedent Decision of the Administrative Appeals Office DATE : MAR. 25, 2021 The Petitioner seeks to temporarily employ the Beneficiary as a "music instructor /program coordinator" 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 Nebraska Service Center denied the petition, concluding the evidence was insufficient to establish that the position qualified as a specialty occupation under any of the criteria in 8 C.F.R. ยง 214.2(h)(4)(iii)(A). The matter is now before us on appeal. On appeal, the Petitioner asserts that the Director erred. We will dismiss the appeal. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 1-129, Petition for Nonimmigrant Worker, seeking nonimmigrant H-lB classification on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary of the instant petition has been approved for H-lB employment with Petitioner, further pursuit of the matter at hand would be moot. ORDER: The appeal is dismissed.
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