dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed because the issue was deemed moot. The petitioner had filed another H-1B petition for the same beneficiary, which was subsequently approved, rendering a decision on this appeal unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 7943862 Appeal of Vermont Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: SEPT. 18, 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 lOl(a)(lS)(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 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.
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