dismissed H-1B

dismissed H-1B Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Unknown

Decision Summary

The appeal was dismissed because the issue was rendered moot. A separate H-1B petition filed by the petitioner for the same beneficiary had already been approved, making further pursuit of this appeal unnecessary.

Criteria Discussed

Specialty Occupation Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 12714730 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 20, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant 
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 Director of the California Service Center revoked the petition after issuing a notice of her intention 
to revoke it, ultimately concluding that the evidence of record did not establish eligibility for the 
immigration benefit 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 1-
129, Petition for a Nonimmigrant Worker , seeking H-lB classification on behalf of the Beneficiary 
and 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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