dismissed H-1B Case: Civil Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 2119147 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 5, 2020 
The Petitioner, a real estate development firm, seeks to temporarily employ the Beneficiary as a "civil 
engineer" 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 Petitioner did 
not establish that the proffered position is a specialty occupation . On appeal, the Petitioner asserts that 
the Director erred in denying the decision. 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 I-129 on behalf 
of the Beneficiary . USCIS records further indicate that this new Form I-129 was approved. Because 
the Beneficiary in the instant petition has been approved for H-1 B 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.