dismissed H-1B Case: Computer Programming

U.S. Citizenship 
and Immigration 
Services 
MATTER OF V -C-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 26,2016 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a firm providing technology solutions, seeks to temporarily employ the Beneficiary 
as a "computer programmer" under the H -1 B 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-1B 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, concluding that the evidence of record 
did not establish that the Beneficiary would actually perform specialty-occupation-level work if the 
petition were approved. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that Director's decision must be reversed as not comporting with the facts established in the 
record of proceedings. We will dismiss the appeal. 
I. LEGAL FRAMEWORK 
A benefit request may be summarily denied as abandoned, denied based on the record, or denied for 
both reasons if a petitioner does not respond to a request for evidence or a notice of intent to deny by 
the required date. 8 C.F.R. § 103.2(b)(13)(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)(14). 
II. DISCUSSION 
U.S. Citizenship and Immigration Services (USCIS) records indicate that, after the instant petition 
was filed, another employer filed a petition seeking nonimmigrant H-1B classification on behalf of 
the Beneficiary. USC IS records further indicate that the other petition was approved. We sent a 
letter to the Petitioner requesting verification of its intent to pursue this appeal, and have not 
received a response. Therefore, the appeal will be summarily dismissed because the Petitioner did 
not respond to our request within the time permitted. 
Matter of V-C- LLC 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter o.fV-C- LLC, ID# 96195 (AAO Sept. 26, 2016) 
2