dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as moot. The AAO noted that the petitioner had filed a subsequent H-1B petition for the same beneficiary, which was approved. Therefore, further pursuit of the current appeal was unnecessary.
Criteria Discussed
Specialty Occupation Mootness
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U.S. Citizenship and Immigration Services In Re: 9162042 Appeal of Vermont Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : OCT . 6, 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 Vermont Service Center denied the petition, concluding that the proffered position is not a specialty occupation, and the matter is now before us on appeal. On appeal, the Petitioner submits additional evidence and contends that the petition should be approved . We will dismiss the appeal. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent petition seeking nonimmigrant H-IB 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 Petitioner, further pursuit of the matter at hand would be moot. ORDER: The appeal is dismissed.
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