dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as moot. The petitioner had filed another H-1B petition for the same beneficiary, which was subsequently approved, rendering the current appeal unnecessary.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 10299603 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : WLY 23, 2020 The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant classification for specialty occupations . See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S .C. ยง 110l(a)(l5)(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 the evidence of record does not establish that: (1) the Petitioner will have an employer-employee relationship with the Beneficiary; and (2) the proffered position qualifies as a specialty occupation. On appeal , the Petitioner asserts that the Director erred, and the evidence supports an approval of the petition . U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 1-129, Petition for a Nonirnmigrant Worker, seeking H-lB classification on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary has been approved for H-lB employment with the Petitioner , further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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