dismissed
H-1B
dismissed H-1B Case: Optics And Photonics
Decision Summary
The Director initially denied the petition, concluding the proffered position of 'exhibit operations coordinator' was not a specialty occupation. However, the appeal was dismissed as moot because the Petitioner filed a new H-1B petition for the same Beneficiary, which was subsequently approved, rendering the initial appeal irrelevant.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 11807105 Appeal of Vermont Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: SEPT. 8, 2020 The Petitioner, a professional association for optics and photonics, seeks to temporarily employ the Beneficiary as an "exhibit operations coordinator" under the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality Act (the Act) section 101(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 record did not establish that the proffered position is a specialty occupation. This matter is now before us on appeal. Upon de nova review, we will dismiss the appeal. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date subsequent to the denial of the instant petition, the Petitioner submitted a new Form 1-129, Petition for a Nonimmigrant Worker, on behalf of the Beneficiary. USCIS records further indicate that this new Form 1-129 was approved. Because the Beneficiary in the instant petition has been approved for H-lB employment with the Petitioner based upon the filing of another petition, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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