dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 7700242 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 8, 2020 
The Petitioner, an information technology staffing company , seeks to temporarily employ the 
Beneficiary as a "system engineer/application 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-IB 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 Vermont Service Center denied the petition, concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation or that it would maintain an employer­
employee relationship with the Beneficiary. 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.