dismissed H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 10621609 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 28, 2020 
The Petitioner, an artificial intelligence business, seeks to temporarily employ the Beneficiary as a 
"lead software engineer" 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 Vermont Service Center Director denied the petition, concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that 
the Director erred and the Petitioner has established eligibility for this benefit. The matter is now 
before us on appeal. We will dismiss the appeal. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 
1-129, Petition for a 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 the 
Petitioner, further pursuit of the matter at hand would be moot. 
ORDER: The appeal is dismissed.