dismissed H-1B

dismissed H-1B Case: Software Development

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

Decision Summary

The appeal was dismissed because the case was considered moot. A subsequently filed Form I-129 petition for the same beneficiary had already been approved, making further pursuit of the appealed case unnecessary.

Criteria Discussed

Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 6501070 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 4, 2020 
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. 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 Vermont Service Center denied the petition. U.S. Citizenship and Immigration 
Services records indicate that a subsequently filed Form 1-129, Petition for Nonimmigrant Worker, 
has been approved for the Beneficiary and, thus, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
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