dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as moot. USCIS records showed that the Petitioner filed a subsequent H-1B petition for the same beneficiary, and that new petition was approved, rendering the appeal on the initial denial unnecessary.
Criteria Discussed
Specialty Occupation Mootness
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U.S. Citizenship and Immigration Services In Re: 11008639 Appeal of Vermont Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (H-1B) Non-Precedent Decision of the Administrative Appeals Office Date: FEB. 19, 2021 The Petitioner seeks to temporarily employ the Beneficiary under the H-1B nonimmigrant classification for specialty occupations.1 The H-1B 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 Vermont Service Center denied the petition, concluding that the record did not establish eligibility for the benefit sought. On appeal, the Petitioner asserts that the Director erred and the Petitioner has established eligibility for this benefit. The matter is now before us on appeal. We will dismiss the appeal as moot. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 1-129, Petition for a Nonimmigrant Worker, seeking nonimmigrant H-1B classification on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary of the instant petition has been approved for H-1B employment with Petitioner, further pursuit of the matter at hand would be moot. ORDER: The appeal is dismissed. 1 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).
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