dismissed H-1B

dismissed H-1B Case: Software Engineering

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

Decision Summary

The appeal was dismissed because the matter was considered moot. The petitioner had filed another H-1B petition on behalf of the same beneficiary, which was subsequently approved, rendering this appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 3, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a computing products and services firm seeks to temporarily employ the Beneficiary 
as a "senior software 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 eligibility for the benefit sought. On appeal, the Petitioner asserts that the Director erred in 
denying the petition. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 1-
129, Petition for a Nonirnmigrant Worker, seeking H-lB classification on behalf of the Beneficiary 
and that the petition was approved. Because the Beneficiary 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 of B-, Inc., ID# 5679394 (AAO Sept. 3, 2019) 
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