dismissed H-1B

dismissed H-1B Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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