dismissed
H-1B
dismissed H-1B Case: 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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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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