dismissed H-1B

dismissed H-1B Case: Software Technology

📅 Date unknown 👤 Company 📂 Software Technology

Decision Summary

The appeal was dismissed as moot. The AAO noted that while the initial petition was denied, the Petitioner had filed another H-1B petition for the same Beneficiary which was subsequently approved, rendering the appeal unnecessary.

Criteria Discussed

Specialty Occupation

View Full Decision Text

MATTER OF U-T- , INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE : SEPT. 20, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , a software technology company , seeks to temporarily employ the Beneficiary as an 
"operations & logistics manager" under the H-lB nonimmigrant classification for specialty 
occupations. Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 110l(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 speciali zed 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 Petitioner did 
not sufficiently establish that the proffered position qualifies as a specialty occupation. On appeal , 
the Petitioner submits additional documentation and asserts that the Director erred in denying the 
petition. We will dismiss the appeal. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonimmigrant Worker , on behalf of the Beneficiary and that petition was 
approved. Because the Beneficiary has been approved for employment with the Petitioner , further 
pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter ofU-T- , Inc., ID# 7163357 (AAO Sept. 20, 2019)

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