dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The Director revoked the petition's approval because the Petitioner filed multiple petitions for the same Beneficiary. The appeal was dismissed as moot because a subsequent H-1B petition filed by the same Petitioner for the same Beneficiary was approved, making further pursuit of the appeal unnecessary.
Criteria Discussed
Prohibition Of Multiple Filings Mootness
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U.S. Citizenship and Immigration Services In Re: 19082391 Appeal of Texas Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : JAN. 18, 2022 The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant classification for specialty occupations . See Immigration and Nationality Act (the Act) section 10l(a)(l5)(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 Texas Service Center revoked the petition's approval, concluding that the Petitioner had filed multiple petitions on behalf of the Beneficiary, which is prohibited. The matter is now before us on appeal. On appeal, the Petitioner asserts that the Director erred. We will dismiss the appeal. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 1-129, Petition for Nonirnrnigrant Worker, seeking nonirnrnigrant H-lB classification on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary of the instant petition has been approved for H-lB employment with the Petitioner, further pursuit of the matter at hand would be moot. ORDER: The appeal is dismissed.
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