dismissed H-1B Case: Medical Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 18, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a medical technology company, seeks to temporarily employ the Beneficiary as a 
"endoscope design engineer" 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 Vermont Service Center denied the Form 1-129, Petition for a Nonimmigrant 
Worker, concluding that the record did not establish that the proffered position qualifies as a specialty 
occupation. On appeal, the Petitioner asserts that the Director erred in denying the petition. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another petition 
on behalf of the Beneficiary and that the petition was approved. Because the Beneficiary has been 
approved for employment as a nonimmigrant with the Petitioner, further pursuit of the matter at hand 
is moot. 
ORDER: The appeal is dismissed . 
Cite as Matter of S- Inc., ID# 5059287 (AAO Sept. 18, 2019)