dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as moot. U.S. Citizenship and Immigration Services records indicated that the petitioner had filed a subsequent H-1B petition on behalf of the same beneficiary, and that petition was approved, rendering the current appeal without practical effect.
Criteria Discussed
Beneficiary Qualifications Mootness
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U.S. Citizenship and Immigration Services In Re: 11876559 Appeal of California Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : OCT . 16, 2020 The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant classification for specialty occupations . 1 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, concluding that the Petitioner had not established that the Beneficiary is qualified to perform the position . On appeal, the Petitioner asserts that the Director erred and the Beneficiary is qualified to perform the duties of the position. 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 nonirnmigrant 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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