dismissed
H-1B
dismissed H-1B Case: Semiconductor Manufacturing
Decision Summary
The appeal was dismissed as moot. The petitioner had filed another H-1B petition for the same beneficiary which was subsequently approved, making the pursuit of the current appeal unnecessary.
Criteria Discussed
Beneficiary Qualifications
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U.S. Citizenship and Immigration Services MATTER OF I- CORP. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 20, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a semiconductor manufacturer, seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 110l(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 Petitioner did not establish that the Beneficiary is qualified to perfonn the duties of the proffered position. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 1-129, Petition for a Nonimmigrant Worker, 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 of 1- Corp., ID# 3934342 (AAO Sept. 20, 2019)
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