dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 18849958 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 5, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a "software developer" under the H-lB 
nonimmigrant classification for specialty occupations. 1 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 California Service Center Director denied the petition, concluding that the Petitioner had not 
established the proffered position is a specialty occupation and that the Beneficiary would perform 
services in a specialty occupation. On appeal, the Petitioner asserts that the Director erred by denying 
the petition. 2 The matter is now before us on appeal. 
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-lB employment with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
1 See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b) . 
2 The Administrative Appeals Office initially rejected the appeal as untimely filed, however , we subsequently notified the 
Petitioner that the rejection decision was being withdrawn. Thus, we are reopening the matter on a service motion .