dismissed H-1B Case: Specialty Occupation

U.S. Citizenship 
and Immigration 
Services 
In Re: 12464129 
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. 20, 2020 
The Petitioner seeks to temporarily employ the Beneficiary 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 did not establish eligibility for the immigration benefit sought. Later, she dismissed the 
Petitioner's subsequently filed motions to reopen and reconsider her denial of the petition. On appeal, 
the Petitioner asserts that the Director erred in denying the petition, and in dismissing its motions. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 1-
129, Petition for a Nonimmigrant Worker , seeking H-lB classification on behalf of the Beneficiary 
and 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.