dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF 1-S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 31, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology consulting company, seeks to temporarily employ the 
Beneficiary as a "cloud engineer" under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(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 record does not 
establish that (1) the Petitioner will have an employer-employee relationship with the Beneficiary, and 
(2) the proffered position qualifies as a specialty occupation. On appeal, the Petitioner submits a brief 
and additional evidence, and asserts that the Director erred in denying the petition. 
U.S. Citizenship and Immigration Services' records indicate that the Petitioner filed another Form 
1-129, 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-lB employment 
with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter of I-S-, Inc., ID# 5869827 (AAO Oct. 31, 2019)