dismissed H-1B

dismissed H-1B Case: Unknown

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

Decision Summary

The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new H-1B petition for the same beneficiary, which was subsequently approved, rendering the appeal on the first denial unnecessary.

Criteria Discussed

Specialty Occupation Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 34083 72 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 28, 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 Vermont Service Center denied the petition, concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation. The matter is now before us on appeal. 
Upon de nova review, we will dismiss the appeal as the matter is now moot. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date 
subsequent to the denial of the instant petition, the Petitioner submitted a new Form 1-129 on behalf 
of the Beneficiary . USCIS records further indicate that this new Form 1-129 was approved . Because 
the Beneficiary in the instant petition has been approved for H-lB employment with the Petitioner 
based upon the filing of another petition, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
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