dismissed
H-1B
dismissed H-1B Case: Systems Engineering
Decision Summary
The appeal was dismissed because it was considered moot. The Petitioner had filed another H-1B petition on behalf of the same Beneficiary which was subsequently approved, rendering further pursuit of this appeal unnecessary.
Criteria Discussed
Specialty Occupation
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services In Re: 17944440 Appeal of California Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: AUG. 30, 2021 The Petitioner seeks to temporarily employ the Beneficiary as an "associate systems engineer I" 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-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 California Service Center Director denied the petition, concluding that the Petitioner had not established the proffered position is a specialty occupation. On appeal, the Petitioner asserts that the Director erred by denying the petition. 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-IB employment with the Petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.