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 decision notes that the Petitioner filed a subsequent H-1B petition on behalf of the same Beneficiary, and that petition was approved, rendering the current appeal unnecessary.

Criteria Discussed

Specialty Occupation Beneficiary Qualifications

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 8867235 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 17, 2021 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant 
classification for specialty occupations .1 The H-1B 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 and that the Beneficiary is 
qualified for the proffered position . On appeal, the Petitioner asserts that the Director erred and the 
Petitioner has established eligibility for this benefit. The matter is now before us on appeal. We will 
dismiss the appeal as moot. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 
1-129, Petition for a Nonimmigrant Worker, seeking nonimmigrant 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 
Petitioner, further pursuit of the matter at hand would be moot. 
ORDER: The appeal is dismissed. 
1 See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b) , 8 U.S.C. ยง l 101(a)(l5)(H)(i)(b). 
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