dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as moot because the petitioner had already filed a subsequent H-1B petition for the same beneficiary, which was approved. The AAO did not rule on the merits of the initial denial, which was based on the finding that the proffered position did not qualify as a specialty occupation.
Criteria Discussed
Specialty Occupation Mootness
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U.S. Citizenship and Immigration Services In Re: 18525194 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: SEP. 08, 2021 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 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 a brief 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 the Petitioner, the matter is now moot. ORDER: The appeal is dismissed.
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