dismissed
H-1B
dismissed H-1B Case: Software Development
Decision Summary
The appeal was dismissed as moot. The decision states that since the beneficiary had already adjusted to lawful permanent resident status, further pursuit of the H-1B petition was no longer necessary.
Criteria Discussed
Specialty Occupation Beneficiary Qualifications
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U.S. Citizenship and Immigration Services In Re: 8843410 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : APR. 13, 2020 The Petitioner, a company engaged in software, services and internet technologies, seeks to employ the Beneficiary as a research software development engineer 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 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 record did not establish that: ( 1) the proffered position qualifies as a specialty occupation; and, (2) the Beneficiary is qualified for the proffered position. The matter is now before us on appeal. On appeal, the Petitioner submits a brief and asserts that the Director erred in denying the petition. U.S. Citizenship and Immigration Services records indicate that the Beneficiary adjusted to lawful permanent resident status. Because the Beneficiary is a lawful permanent resident, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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