dismissed H-1B Case: Quality Assurance

U.S. Citizenship 
and Immigration 
Services 
In Re: 8912836 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JULY 27, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "development quality engineer" under 
the H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act 
(the Act) section 10l(a)(15)(H)(i)(b), 8 U.S.C. § l 101(a)(15)(H)(i)(b). The H-IB 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 know ledge 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 Vermont Service Center Director denied the petition, concluding that although the record 
demonstrated a contractual relationship among the Petitioner and other parties within the contractual 
chain, the record did not establish that the Petitioner had specialty occupation work available for the 
Beneficiary at the time of filing this petition for the requested 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-IB employment with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed.