dismissed
H-1B
dismissed H-1B Case: 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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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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