Cuccinelli

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAYJOY, INC., Case No. 19-cv-03977-HSG

Plaintiff, ORDER DISMISSING CASE AS MOOT v.

KENNETH T. CUCCINELLI, Defendant.

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