dismissed
H-1B
dismissed H-1B Case: Software Engineering
Decision Summary
The appeal was dismissed because the matter was considered moot. The petitioner had filed another H-1B petition on behalf of the same beneficiary, which was subsequently approved, rendering this appeal unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services MATTER OF B-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 3, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a computing products and services firm seeks to temporarily employ the Beneficiary as a "senior software 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 eligibility for the benefit sought. 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 Form 1- 129, Petition for a Nonirnmigrant Worker, seeking H-lB classification on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary has been approved for H-1 B employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed . Cite as Matter of B-, Inc., ID# 5679394 (AAO Sept. 3, 2019)
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