dismissed H-1B Case: Computer Programming

U.S. Citizenship 
and Immigration 
Services 
In Re: 10270663 
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 20, 2020 
The Petitioner, a company engaged in custom computer programming services, seeks to temporarily 
employ the Beneficiary as a Java developer under the H-lB nonimmigrant classification for specialty 
occupations. Immigration and Nationality 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 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 Petitioner did not 
establish that the Beneficiary had sufficient specialty occupation work to perform throughout the 
requested validity period. On appeal, the Petitioner asserts that the Director erred in the decision . 
U.S. Citizenship and Immigration Services records indicate that a Form 1-129, Petition for a 
N onimmigrant Worker, seeking H-1 B classification on behalf of the Beneficiary was filed and 
approved. Because the Beneficiary has been approved for H-lB employment, further pursuit of the 
matter at hand is moot. 
ORDER: The appeal is dismissed.