dismissed H-1B Case: Accounting

U.S. Citizenship 
and Immigration 
Services 
MATTER OF Z-, INC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 9, 2016 
APPEAL OF VERMONT SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a jewelry wholesaler. seeks to temporarily employ the Beneficiary as an ··accounting 
clerk" under the H-1B nonimmigrant classification for specialty occupations. See Immigration and 
Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). The H-IB 
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, Vermont Service Center, denied the petition. The Director concluded that the 
Petitioner did not establish that the proffered position qualities as a specialty occupation in 
accordance with the applicable statutory and regulatory provisions. 
The matter is now before us on appeal. We will summarily dismiss the appeal. 
I. LEGAL FRAMEWORK 
A petition may be summarily denied as abandoned. denied based on the record, or denied for both 
reasons if a petitioner does not respond to a notice by the required date. 8 C.F.R. § 103.2(b)(l3)(i). 
The failure to submit requested evidence that precludes a material line of inquiry shall be grounds 
for denying the petition. 8 C.F.R. § 103.2(b)(l4). 
II. DISCUSSION 
We asked the Petitioner to verify its intent to pursue the appeal, but the Petitioner did not respond to 
our request. Therefore, we are summarily dismissing the appeal as abandoned. The remaining 
issues in this proceeding are thereby moot. 
III. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act. 8 U.S.C. § 1361: Matter (~lOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here. that burden 
has not been met. 
Matter of Z-. Inc 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C .F .R. § 103 .2(b )(13 ). 
Cite as Matter ofZ-. Inc, ID# 17990 (AAO June 9, 2016) 
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