dismissed H-1B Case: Application Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 10144364 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JULY 29, 2020 
The Petitioner , a company providing products , services , and expertise , seeks to extend the 
Beneficiary's temporary employment as a "consult application development" under the H-lB 
nonimmigrant classification for specialty occupations. Immigration and Nationality Act (the Act) 
section 101(a)(l5)(H)(i)(b), 8 U.S.C. § l 101(a)(15)(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 know ledge 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 record did not 
establish that the proffered position is a specialty occupation. This matter is now before us on appeal. 
Upon de nova review , we will dismiss the appeal. 
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.