dismissed H-1B

dismissed H-1B Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Unknown

Decision Summary

The appeal was dismissed because it was considered moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary had already been approved, rendering this appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 12034567 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 20, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
101(a)(15)(H)(i)(b) , 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). 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 Director of the Vermont Service Center denied the petition, concluding the evidence was 
insufficient to establish that the position qualified as a specialty occupation under any of the criteria 
in 8 C.F.R. ยง 214.2(h)(4)(iii)(A). The matter is now before us on appeal. On appeal, the Petitioner 
asserts that the Director's decision was in error. We will dismiss the appeal. 
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. 
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