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 petitioner filed a subsequent H-1B petition for the same beneficiary which was approved, rendering a decision on the current appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 15397936 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 8, 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 Vermont Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation . 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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