dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed because the issue was rendered moot. After the initial petition was denied, the petitioner filed a new H-1B petition on behalf of the same beneficiary, which was subsequently approved.
Criteria Discussed
Labor Condition Application Mootness
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U.S. Citizenship and Immigration Services In Re : 10898676 Appeal of Texas 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 seeks to extend the Beneficiary's temporary employment under the H-lB nonimrnigrant 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 for issues related to the labor condition application. The matter is now before us on appeal. Upon de nova review, we will dismiss the appeal as the matter is now moot. 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 1-129 on behalf of the Beneficiary . USCIS records further indicate that this new Form 1-129 was approved . Because the Beneficiary in the instant petition has been approved for H-lB 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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