dismissed
H-1B
dismissed H-1B Case: Software And Consulting
Decision Summary
The appeal was dismissed as moot. The Director had initially denied the petition for failing to establish the position as a specialty occupation, but the petitioner subsequently filed another petition for the same beneficiary which was approved, rendering the current appeal unnecessary.
Criteria Discussed
Specialty Occupation
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MATTER OF T-M-C-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 18, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a software and consulting company, seeks to temporarily employ the Beneficiary as a "consultant" 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 California Service Center denied the petition, concluding that the Petitioner did not sufficiently establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner submits additional documentation and asserts that the Director erred in denying the petition. We will dismiss the appeal. 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 petition was approved. Because the Beneficiary has been approved for employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter ofT-M-C- , Inc., ID# 4929803 (AAO Sept. 18, 2019)
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