Cuccinelli

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PAYJOY, INC., Case No. 19-cv-03977-HSG

8 Plaintiff, ORDER DISMISSING CASE AS MOOT 9 v.

10 KENNETH T. CUCCINELLI, 11 Defendant.

12 The parties’ cross-motions for summary judgment are under submission. Dkt. Nos. 15, 19. 13 Because it belatedly has been brought to the Court’s attention that Plaintiff’s second H1-B visa 14 petition to classify Quihan Xie as a temporary worker in a specialty occupation was granted, the 15 Court finds that the action is moot and the Court accordingly lacks jurisdiction. 16 I. BACKGROUND 17 On May 6, 2019, PayJoy, Inc. (“PayJoy” or “Plaintiff”) filed a Petition for a Nonimmigrant 18 Worker (Form I-129) with the U.S. Citizenship and Immigration Services (“USCIS”), applying for 19 a H-1B visa to classify Ms. Xie as a temporary worker in a specialty occupation. Dkt. No. 2-2 20 (“AR”) at 16–108. The H1-B visa program permits employers to temporarily employ 21 nonimmigrant workers in specialty occupations. 8 U.S.C. § 1101(a)(15)(H). …