dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 9161953 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 19, 2020 
The Petitioner , a software development company, seeks to temporarily employ the Beneficiary as a 
"Senior Account Executive" 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 Vermont Service Center denied the petition on two separate grounds, concluding 
that the record did not establish that: (1) the submitted labor condition application (LCA) corresponds 
to the H-lB petition; and (2) the proffered position qualifies as a specialty occupation. On appeal, the 
Petitioner asserts that the Director erred in denying the petition. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonimmigrant Worker, seeking H-lB 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.