dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF V-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 16, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , an information technology company, seeks to temporarily employ the Beneficiary under 
the H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act 
(the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. § l 101(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 on two separate grounds , concluding 
that the Petitioner did not establish: ( 1) that the proffered position qualifies as a specialty occupation; 
and (2) that the Beneficiary is qualified to perform the duties of the proffered position. On appeal, the 
Petitioner submits 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 V-, Inc., ID# 5189053 (AAO Sept. 16, 2019)