dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed because the issue was considered moot. A subsequent H-1B petition filed by the same petitioner for the same beneficiary had already been approved, rendering the appeal without a live controversy to adjudicate.
Criteria Discussed
Beneficiary Qualifications Maintenance Of Status Mootness
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U.S. Citizenship and Immigration Services In Re: 7871589 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: MAR. 7, 2022 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 California Service Center denied the petition, concluding that (1) the Beneficiary did not possess the equivalent of a U.S. bachelor's degree in any specific specialty, and (2) the Beneficiary did not maintain his previously approved immigration status. The matter is now before us on appeal. On appeal, the Petitioner submits a brief and contends that the petition should be approved. We will dismiss the appeal. U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent petition 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 the Petitioner, the matter is now moot. ORDER: The appeal is dismissed.
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