dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed because the issue was rendered moot. The petitioner had filed a subsequent H-1B petition on behalf of the same beneficiary, which was approved, making the current appeal unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services InRe : 4750351 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. 5, 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. § 1101(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 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-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 Petitioner, further pursuit of the matter at hand would be moot. ORDER: The appeal is dismissed.
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