dismissed H-1B

dismissed H-1B Case: Software Engineering

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

Decision Summary

The initial petition approval was revoked due to the nonpayment of required fees. The appeal was dismissed because the issue became moot, as the petitioner filed and received approval for a subsequent H-1B petition for the same beneficiary.

Criteria Discussed

Nonpayment Of Fees Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 19426131 
Appeal of Nebraska Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 12, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a "software engineer" under the H-lB 
nonimrnigrant 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 Nebraska Service Center Director initially approved the petition but subsequently issued a notice 
of intent to revoke approval for the nonpayment of required fees and ultimately revoked approval of 
the petition. On appeal, the Petitioner submits new checks and asserts that it has fulfilled the fee 
requirements . The matter is now before us on appeal. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonimmigrant Worker, seeking the same nonimmigrant classification on behalf 
of the Beneficiary, and that the petition was approved. Because the Beneficiary has been approved 
for H-lB employment with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
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