dismissed
H-1B
dismissed H-1B Case: Software Consulting
Decision Summary
The appeal was dismissed because it was considered moot. A separate H-1B petition filed by the petitioner for the same beneficiary had already been approved, making further consideration of this appeal unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 8844032 Appeal of Vermont Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker Non-Precedent Decision of the Administrative Appeals Office Date: JULY 2, 2020 The Petitioner, a software sales and consulting company , seeks to temporarily employ the Beneficiary as a "Microsoft Dynamics CRM senior technical consultant" 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 know ledge 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 qualifies as a specialty occupation. On appeal, the Petitioner asserts that the Director erred in denying the petition. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 1-129, Petition for a Nonimmigrant Worker, seeking H-lB classification 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.
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