dismissed H-1B

dismissed H-1B Case: Unknown

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

Decision Summary

The appeal was dismissed because it was considered moot. The AAO noted that the petitioner had filed another, subsequent H-1B petition for the same beneficiary, which was approved, rendering the current appeal unnecessary.

Criteria Discussed

Specialty Occupation

Sign up free to download the original PDF

View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 10621772 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEPT. 03, 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 record did not 
establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submitted additional evidence and asserts the Director erred in her decision. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonimmigrant Worker , seeking the same nonimmigrant 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. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.