dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed because the matter was deemed moot. Subsequent to the initial denial, a new H-1B petition for the same beneficiary and end-client was submitted and approved, rendering further pursuit of the appeal unnecessary.
Criteria Discussed
Mootness
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U.S. Citizenship and Immigration Services In Re: 5260531 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: NOV. 24, 2020 The Petitioner seeks to employ the Beneficiary temporarily 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 California Service Center Director denied the petition. Upon de nova review, we will dismiss the appeal as the matter is now moot.1 A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date subsequent to the denial of the instant petition, a new H-lB petition was submitted on behalf of the Beneficiary to work for the same end-client. USCIS records further indicate that this new petition was approved. Because the Beneficiary in the instant petition has been approved for H-lB employment at the same location and for the same end-client based upon the filing of another petition, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. 1 We note that the Petitioner failed to properly complete the Form 1-290B, Notice of Appeal or Motion, Part 4, Section B, regarding the Petitioner's Contact Information. The regulation at 8 C.F.R. ยง 103.2(a)(I) states, in pertinent part: Every benefit request or other document submitted to DHS must be executed and filed in accordance with the form instructions ... and such instructions are incorporated into the regulations requiring its submission. The form instructions clearly state that "[i]f you are completing Section B as an authorized signatory of a business or organization, you must also provide your full legal name and title."
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