dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 3665600 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 17, 2020 
The Petitioner , a software development and consulting firm, seeks to employ the Beneficiary 
temporarily as an "Android developer" 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)(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 Form I-129, Petition for a Nonimmigrant 
Worker, concluding that the record did not establish eligibility, due to a lack of evidence to establish 
that the position qualified as a specialty occupation. The Director further determined that a lack of 
evidence adversely impacted the Petitioner's ability to demonstrate an employer-employee 
relationship with the Beneficiary. On appeal, the Petitioner submits additional evidence and asserts 
that the Director denied the petition in error. 
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. USCIS records further indicate that this new Form I-129 was approved. Because 
the Beneficiary in the instant petition has been approved for H-lB 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.