dismissed H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 10935882 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: Oct. 8, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "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 Director of the California Service Center denied the petition, concluding that the evidence of 
record does not establish that: (1) the Petitioner will have an employer-employee relationship with the 
Beneficiary; and (2) the proffered position qualifies as a specialty occupation. 
A review of our records indicates that this Beneficiary is also the Beneficiary of an approved 
immigrant petition and has adjusted status to that of a U.S. permanent resident as of 
February 2020. While the Petitioner has not withdrawn the appeal in this proceeding, it would appear 
that the Beneficiary is presently a permanent resident and the issue in this proceeding is moot. 
ORDER: The appeal is dismissed.