dismissed H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF W-M-A-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 12, 2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
· The Petitioner, a discount retail store, seeks to temporarily employ the Beneficiary as a "Software 
. Engineer III" under the H -1 B 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-1B 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, California Service Center, denied the petition. The Director concluded that the 
Beneficiary was no longer e·ligible for exemption from the numerical limitation on the number of 
persons who can be provided H-1B classification in a fiscal year (the H-1B CAP). The matter is 
now before us on appeal. In its appeal, the Petitioner submits a brief and documentary evidence, 
asserting that the Director erred in not recognizing the Beneficiary as exempt from the H -1 B CAP. 
A review of U.S. Citizenship and Immigration Services records indicates that the Petitioner filed 
another petition on behalf of the Beneficiary seeking H-1 B nonimmigrant classification, and that the 
other petition was approved. 
Because the Beneficiary in the instant petition has been approved for H-1 B employment with the 
Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter ofW-M-A-, Inc., ID# 94534 (AAO Jan. 12, 2017)