dismissed H-1B

dismissed H-1B Case: Unknown

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

Decision Summary

The appeal was dismissed as moot. The Director had initially denied the petition for failing to establish the position as a specialty occupation. However, the petitioner filed a separate H-1B petition for the same beneficiary which was approved, making further consideration of the original denied petition unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
MATTER OF F-D 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 23, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, al !company, seeks to temporarily employ the Beneficiary under the 
H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality 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 Petitioner did 
not establish that the proffered position qualifies as a specialty occupation. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonimmigrant Worker, 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. 
Cite as Matter of F-0 ID# 6959229 (AAO Sept. 23, 2019) 
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