dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed because the issue was deemed moot. The petitioner had filed a subsequent H-1B petition for the same beneficiary, and that petition was approved, rendering the current appeal unnecessary.
Criteria Discussed
Beneficiary Qualifications Specialty Occupation Mootness
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date: MAY 14, 2024 In Re: 31135365 Appeal of Texas Service Center Decision Form 1-129, Petition for a Nonimmigrant 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-lB classification on behalf of the Beneficiary, and that the petition was approved. 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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