dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re : 17842898 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : AUG . 3, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a software 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 Vermont 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 erred . We will dismiss the appeal. 
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 the 
Petitioner, further pursuit of the matter at hand would be moot. 
ORDER: The appeal is dismissed.