dismissed H-1B Case: Information Technology And Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 9686878 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 24, 2020 
The Petitioner, a company engaged in information technology and software development, seeks to 
temporarily employ the Beneficiary 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 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 evidence of 
record does not establish that: (1) the proffered position qualifies as a specialty occupation; (2) the 
Petitioner did not establish an employer-employee relationship with the Beneficiary; and, (3) the 
Petitioner did establish that the Beneficiary has 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 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.