dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 12, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology and software development company, seeks to temporarily 
employ the Beneficiary as a "salesforce developer" under the H-lB nonimmigrant classification for 
specialty occupations. See 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 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 California Service Center Director denied the petition, concluding that the Petitioner had not 
established an employer-employee relationship with the Beneficiary and bad not established it had 
sufficient specialty occupation work for the Beneficiary to perform for the intended employment 
period. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonimmigrant Worker, seeking the same nonimmigrant 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 S- Corp., ID# 4676651 (AAO Sept. 12, 2019)