dismissed H-1B

dismissed H-1B Case: Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Technology

Decision Summary

The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition for the same beneficiary, which was approved, rendering the appeal on the initial denial unnecessary.

Criteria Discussed

Specialty Occupation Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 17933265 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 4, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a "technical specialist" 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 Texas 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. 
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