dismissed
H-1B
dismissed H-1B Case: Software Engineering
Decision Summary
The initial petition approval was revoked due to the nonpayment of required fees. The appeal was dismissed because the issue became moot, as the petitioner filed and received approval for a subsequent H-1B petition for the same beneficiary.
Criteria Discussed
Nonpayment Of Fees Mootness
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U.S. Citizenship and Immigration Services In Re: 19426131 Appeal of Nebraska Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: OCT. 12, 2021 The Petitioner seeks to temporarily employ the Beneficiary as a "software engineer" under the H-lB nonimrnigrant 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 Nebraska Service Center Director initially approved the petition but subsequently issued a notice of intent to revoke approval for the nonpayment of required fees and ultimately revoked approval of the petition. On appeal, the Petitioner submits new checks and asserts that it has fulfilled the fee requirements . The matter is now before us on appeal. 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-lB employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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