dismissed
H-1B
dismissed H-1B Case: Software Development
Decision Summary
The appeal was dismissed as moot. The AAO noted that the petitioner had filed another H-1B petition for the same beneficiary which was subsequently approved, rendering the current appeal unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services MATTER OF C-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 4, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a software development and information technology consulting 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 Petitioner did not establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner submits additional evidence and 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-1B classification on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary has been approved for H-IB employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter of C-, Inc., ID# 3657269 (AAO Sept. 4, 2019)
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