dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 17514667 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUN. 9, 2021 
The Petitioner, a computer software and hardware development company, seeks to temporarily employ 
the Beneficiary as a "software development engineer" 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 of the California Service Center denied the petition, concluding the evidence was 
insufficient to establish that the Beneficiary is qualified for the position. The matter is now before us 
on appeal. On appeal, the Petitioner asserts that the Director erred in denying the petition . Upon de 
nova review, we will dismiss appeal. 1 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 
1-129, Petition for Nonimmigrant Worker, seeking nonimmigrant H-lB 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. 
1 We follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec. 369, 375-76 
(AAO 2010).