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 AAO found that the petitioner had filed a subsequent H-1B petition for the same beneficiary which was approved, and the beneficiary had already been admitted to the U.S. in H-1B status, rendering the appeal irrelevant.

Criteria Discussed

Beneficiary Qualifications Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JUN. 18, 2024 In Re: 31265984 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for a Nonirnrnigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. ยง 110l(a)(l5)(H)(i)(b) . The H-lB program allows a U.S. employer to 
temporarily employ a qualified nonimmigrant 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 Texas Service Center denied the petition, concluding the record did not establish 
the Beneficiary was qualified to undertake the duties of a specialty occupation. The matter is now 
before us on appeal pursuant to 8 C.F.R. ยง 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe , 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christa 's, Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
U.S. Citizenship and Immigration Services records indicate the Petitioner filed a subsequent petition 
seeking nonirnrnigrant H-1 B classification on behalf of the Beneficiary, that the petition was approved, 
and that the Beneficiary has been issued a visa and readmitted to the United States in H-lB 
classification. 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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