dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed because it was considered moot. USCIS records indicated that the Petitioner had filed another H-1B petition for the same Beneficiary, and that petition had been approved, rendering the appeal of the current petition's revocation unnecessary.
Criteria Discussed
Mootness Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 5916602 Appeal of Vermont Service Center Decision Form I-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: FEB. 21, 2020 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 101(a)(15)(H)(i)(b) , 8 U.S.C. ยง 110l(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 Director of the Vermont Service Center revoked the petition, concluding after reviewing the Petitioner's response to her notice of intent to revoke the petition (NOIR) that the evidence ofrecord did not establish eligibility for the classification sought. On appeal, the Petitioner asserts that the Director erred in revoking the petition. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form I- 129, Petition for a Nonirnmigrant Worker, seeking H-IB 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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