dismissed H-1B

dismissed H-1B Case: Technology Consulting

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

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 had been approved, rendering the current appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
InRe : 9316276 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 2, 2020 
The Petitioner, a health and wellness consulting management and technology firm, seeks to temporarily 
employ the Beneficiary as a "software engineer" 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 110l(a)(l5)(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 Petitioner failed 
to establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits additional evidence and contends that the petition should be approved. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another 
Form 1-129, Petition for a Nonimmigrant Worker, seeking H-lB 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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