dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed because the issue became moot. After the petitioner filed the appeal, the beneficiary became a lawful permanent resident, rendering the nonimmigrant H-1B petition unnecessary.
Criteria Discussed
Specialty Occupation
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services In Re: 14759885 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : JAN. 5, 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)(l5)(H)(i)(b), 8 U.S.C. § 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 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 subsequent to filing the appeal, the Beneficiary became a lawful permanent resident. Therefore, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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.