dismissed
H-1B
dismissed H-1B Case: Software Engineering
Decision Summary
The Director revoked the initially approved petition after the payment for filing fees was not honored by the Petitioner's financial institution. The appeal was dismissed as moot because the Petitioner had already filed another H-1B petition for the same beneficiary, which had been approved, rendering the current matter unnecessary to pursue.
Criteria Discussed
Filing Fees Mootness
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U.S. Citizenship and Immigration Services In Re: 13355837 Appeal of California Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (H-1B) Non-Precedent Decision of the Administrative Appeals Office Date : FEB. 16, 2021 The Petitioner, an on-line payment services company, seeks to temporarily employ the Beneficiary as an "software engineer 2" under the H-1B nonimmigrant classification for specialty occupations . 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 California Service Center initially approved the petition . However , the Director later revoked the approval because payment for the associated filing fees was not honored by the Petitioner's financial institution. On appeal, the Petitioner asserts that the Director erred in her decision and did not follow the proper filing fee processing procedures prior to revocation. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 1-129, Petition for a Nonimmigrant Worker , seeking the same nonimmigrant classification on behalf of the Beneficiary, and that the petition was approved. Because the Beneficiary has been approved for H-1B employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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