dismissed
H-1B
dismissed H-1B Case: Television Broadcasting
Decision Summary
The appeal was dismissed as moot. After the initial denial, the petitioner filed a new H-1B petition for the same beneficiary, which was subsequently approved, rendering the appeal on the original petition unnecessary.
Criteria Discussed
Specialty Occupation
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(b)(6) DATE: JAN 2 7 2015 IN RE: Petitioner: Beneficiary: OFFICE: VERMONT SERVICE CENTER U:S. 'Depa.:tment of HomelancJ Security U.S. Citizenship and Immigration ServiceοΏ½ Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington. DC 20529-2090 U.S . . Citizenship and Immigration Services FILE: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. Β§ 1101(a)(15)(H)(i)(b) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.P.R. Β§ 103.5. Do not file a motion directly with the AAO. www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page2 DISCUSSION: The nonimmigrant visa petition was denied by the service center director and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed as the matter is now moot. The petitioner submitted a Petition for a Nonimmigrant Worker (Form I-129) to the Vermont Service Center on April 1, 2013. In the Form I-129 visa petition, the petitioner describes itself as a cable television network that was established in In order to employ the beneficiary in what it designates as a reporter position, the petitioner seeks to classify her as a nonimmigrant worker in a specialty occupation pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. Β§ 1101(a)(15)(H)(i)(b). On September 23, 2013, the director denied the petition, finding that the petitioner failed to establish that the proffered position qualifies as a specialty occupation in accordance with the applicable statutory and regulatory provisions. On appeal, the petitioner asserts that the director's basis for denial was erroneous. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date subsequent to the denial of the instant petition, the petitioner submitted a new Form I-129 on behalf of the beneficiary. USCIS records further indicate that this second petition was approved on August 4, 2014. Because the beneficiary in the instant petition has been approved for H-1B employment with the petitioner based upon the filing of another petition, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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