dismissed H-1B Case: Pharmaceuticals

U.S. Citizenship 
and Immigration 
Services 
InRe : 7031880 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 16, 2020 
The Petitioner , a pharmaceutical company, seeks to temporarily employ the Beneficiary 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. § 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 Petitione r did 
not establish that the proffered position is a specialty occupation . On appeal, the Petitioner asserts that 
the Director erred in denying the decision. Upon de nova review, we will dismiss the appeal as the 
matter is now moot. 
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 I-129 on behalf 
of the Beneficiary . USCIS records further indicate that this new Form I-129 was approved. Because 
the Beneficiary in the instant petition has been approved for H-1 B 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.