dismissed H-1B

dismissed H-1B Case: Venture Capital

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Venture Capital

Decision Summary

The appeal was dismissed because the issue became moot. The petitioner filed a separate H-1B petition for the same beneficiary, which was approved, rendering the appeal on the initial denial unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 6503367 
Appeal of California Service Center Decision 
Form I-129 , Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 6, 2020 
The Petitioner , a venture capital firm, seeks to temporarily employ the Beneficiary as a "biotechnical 
investment analyst" under the H-lB nonimrnigrant classification for specialty occupations. Immigration 
and Nationality Act section 101(a)(15)(H)(i)(b) , 8 U.S.C. ยง 1101(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 the proffered position qualifies as a specialty occupation . On appeal , 
the Petitioner asserts that the Director erred in the decision. 
U.S . Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
I-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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