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