dismissed H-1B

dismissed H-1B Case: Software Engineering

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Software Engineering

Decision Summary

The appeal was dismissed as moot. The AAO found that the petitioner had filed another H-1B petition for the same beneficiary, which was approved, making further pursuit of the original case unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 6503364 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 7, 2020 
The Petitioner , a pharmaceutical supply chain technology company, seeks to temporarily employ the 
Beneficiary as a "software engineer in test" 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-IB 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, concluding that the evidence of record 
does not establish that the proffered position qualifies as a specialty occupation. 
U.S. Citizenship and Immigration Services' records indicate that the Petitioner filed another Form 
I-129, Petition for a Nonimmigrant Worker , seeking H-IB 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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