dismissed
H-1B
dismissed H-1B Case: Software Development
Decision Summary
The appeal was dismissed because the case was considered moot. A subsequently filed Form I-129 petition for the same beneficiary had already been approved, making further pursuit of the appealed case unnecessary.
Criteria Discussed
Mootness
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U.S. Citizenship and Immigration Services In Re: 6501070 Appeal of Vermont Service Center Decision Form I-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: MAR. 4, 2020 The Petitioner seeks to temporarily employ the Beneficiary as a "software developer" 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 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. U.S. Citizenship and Immigration Services records indicate that a subsequently filed Form 1-129, Petition for Nonimmigrant Worker, has been approved for the Beneficiary and, thus, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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