dismissed H-1B

dismissed H-1B Case: Software Development

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Software Development

Decision Summary

The appeal was dismissed as moot. The decision states that since the beneficiary had already adjusted to lawful permanent resident status, further pursuit of the H-1B petition was no longer necessary.

Criteria Discussed

Specialty Occupation Beneficiary Qualifications

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 8843410 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 13, 2020 
The Petitioner, a company engaged in software, services and internet technologies, seeks to employ the 
Beneficiary as a research software development engineer under the H-lB nonimmigrant classification 
for specialty occupations. Immigration and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. 
ยง 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 that the record did not 
establish that: ( 1) the proffered position qualifies as a specialty occupation; and, (2) the Beneficiary is 
qualified for the proffered position. The matter is now before us on appeal. On appeal, the Petitioner 
submits a brief and asserts that the Director erred in denying the petition. 
U.S. Citizenship and Immigration Services records indicate that the Beneficiary adjusted to lawful 
permanent resident status. Because the Beneficiary is a lawful permanent resident, further pursuit of 
the matter at hand is moot. 
ORDER: The appeal is dismissed. 
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