dismissed
H-1B
dismissed H-1B Case: Software Engineering
Decision Summary
The Director initially denied the petition for violating the prohibition on filing multiple H-1B petitions for the same beneficiary. The appeal was dismissed as moot because a separate H-1B petition filed by the same petitioner for the same beneficiary had already been approved, making further pursuit of the matter unnecessary.
Criteria Discussed
Prohibition On Multiple H-1B Filings
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U.S. Citizenship and Immigration Services MATTER OF I- CORP. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 18, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a software solutions provider, seeks to temporarily employ the Beneficiary as a "software engineer" under the H-1B nonimmigrant classification for specialty occupations. Immigration and Nationality 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 hight y 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 Form 1-129, Petition for a Nonirnmigrant Worker, concluding that the Petitioner and a related company violated the general prohibition on filing multiple H-1B petitions for the same Beneficiary under 8 C.F.R. § 214.2(h)(2)(i)(G). On appeal, the Petitioner asserts that the Director erred in denying the petition. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another petition seeking H-1 B classification on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary has been approved for H-lB employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter of I- Corp., ID# 4655138 (AAO Sept. 18, 2019)
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