dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 10646837 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEPT. 17, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "software development engineer I" 
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 California Service Center denied the petition, concluding the evidence was 
insufficient to establish that the Beneficiary qualified for the proffered position. The matter is now 
before us on appeal. On appeal, the Petitioner asserts that the Director's decision was in error. 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.