dismissed H-1B

dismissed H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

Decision Summary

The appeal was dismissed as moot. The AAO noted that another employer had filed a separate H-1B petition for the same beneficiary, and that petition was approved. Consequently, further pursuit of the current appeal was deemed unnecessary.

Criteria Discussed

Specialty Occupation Beneficiary Qualifications

View Full Decision Text

MATTER OF G-D-M- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 11, 2019 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development services company, seeks to temporarily employ the 
Beneficiary as a "business analyst" 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. 
§ 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 Vermont Service Center denied the petition, concluding that the record did not 
establish that (1) the proffered position qualifies as a specialty occupation and (2) the Beneficiary is 
qualified to perform the duties of the proffered position. On appeal, the Petitioner asse11s that the 
Director erred in denying the petition. 
U.S. Citizenship and Immigration Services records indicate that another employer filed a Form I-129 
seeking nonimmigrant H-lB classification on behalf of the Beneficiary and that the petition was 
approved. Because the Beneficiary of the instant petition has been approved for H-1 B employment 
with another employer, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter ofG-D-M-Inc. , ID# 4573537 (AAO Sept. 11, 2019)

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