dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 11794 798 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL. 1, 2021 
The Petitioner , a software development company, 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. The matter is now before 
us on appeal. On appeal, the Petitioner asserts that the position is a specialty occupation . 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 
Petitioner, further pursuit of the matter at hand would be moot. 
ORDER: The appeal is dismissed.