dismissed H-1B Case: Psychology

(b)(6)
U.S. Citizenship 
and Immigration 
Services 
MATTER OF 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 5, 2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a school district, seeks to temporarily employ the Beneficiary as a "bilingual school 
psychologist" under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(l5)(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, California Service Center, denied the petition. The Director concluded that the 
evidence of record does not establish that the Beneficiary qualifies for an exemption from the Fiscal 
Year 2015 H-1B cap based on the Petitioner's relation to or affiliation with an institution of higher 
education. 1 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
a brief, and asserts that the Director erred in her findings. We will dismiss the appeal as the matter is 
now moot. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date 
subsequent to the denial of the instant petition , the Petitioner submitted a new Form I-129 on behalf 
of the Beneficiary. USClS records further indicate that this new Form l-129 was approved. 
Because the Beneficiary in the instant petition has been approved for H-1 B employment with the 
Petitioner based upon the filing of another petition, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter of , ID# 94238 (AAO Jan. 5, 2017) 
1 USC IS announced that the H-1 B cap for FY 15 was reached on April 7, 2014.