dismissed H-1B Case: Software

U.S. Citizenship 
and Immigration 
Services 
In Re : 8847294 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE : JUNE 8, 2020 
The Petitioner , a software , services and internet technologies business , seeks to temporarily employ 
the Beneficiary as a product marketing manager under the H-lB nonimmigrant clas sification for 
specialty occupations . See Immigration and Nationality Act (the 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 the evidence was 
insufficient to establish that the position qualified as a specialty occupation under any of the criteria 
in 8 C.F.R. § 214 .2(h)(4)(iii)(A) . The matter is now before us on appeal. On appeal , the Petitioner 
asserts that the Director did not consider all the evidence submitted and held the Petitioner to a higher 
standard than preponderance of the evidence. We will dismiss the appeal. 
U.S . Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 
1-129, Petition forNonimmigrant Worker, seeking nonimmigrant H-1B classification on behalf of the 
Beneficiary and that the petition was approved . 
Because the Beneficiary of the instant petition has been approved for H-lB employment with 
Petitioner, further pursuit of the matter at hand would be moot. 
ORDER: The appeal is dismissed.