dismissed H-1B Case: Business Development And Marketing

U.S. Citizenship 
and Immigration 
Services 
In Re: 6736226 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 16, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "director of business development and 
marketing" under the H-lB nonimmigrant classification for specialty occupations. See Immigration 
and Nationality Act (the Act) section 101(a)(15)(H)(i)(b) , 8 U.S.C. § 1101(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 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 and the evidence supports an approval of the petition. 
U.S. Citizenship and llmnigration Services records indicate that the Petitioner filed another Form 
I-129, Petition for a Nonimmigrant Worker, seeking H-lB classification on behalf of the Beneficiary 
and that the petition was approved. Because the Beneficiary has been approved for H-1 B employment 
with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed.