dismissed H-1B Case: Computer Programming

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U.S. Department of Homeland Security
20 Mass Ave., N.W., Rm. 3000
Washington, DC 20529
U.S. Citizenship
and Immigration
Services
FILE: WAC 04191 50820 Office: CALIFORNIA SERVICE CENTER Date: SEP 2, 0 2001
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § llOl(a)(l5)(H)(i)(b)
ON BEHALF OF PETITIONER:
SELF-REPRESENTED
INSTRUCTIONS:
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to
the office that originally decided your case. Any further inquiry must be made to that office.
Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
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WAC 04191 50820
Page 2
DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition and the matter is
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected.
The petitioner is a system integration and software development company that seeks to employ the
beneficiary as a computer programmer pursuant to section 101(a)(l5)(H)(i)(b) of the Immigration and
Nationality Act (the Act), 8 V.S.c. § 11 01(a)(l5)(H)(i)(b).
On August 30, 2004, the director requested additional evidence from the petitioner in order to establish that
the position meets the criteria for a specialty occupation and that the beneficiary is qualified to perform the
duties of a specialty occupation. The petitioner did not respond to the director's request for evidence. On
January 18, 2005, after the petitioner failed to submit the requested evidence, the director denied the petition
for abandonment, citing 8 C.F.R. § 1 03.2(a)(I 3). If all requested initial evidence and requested additional
evidence is not submitted by the required date, the application or petition shall be considered abandoned and,
accordingly, shall be denied. 8 C.F.R. § 103.2(b)(13).
While the director advised the petitioner that it could file a motion to reopen based on an abandonment denial,
8 C.F.R. § 103.2(b)(15) provides:
A denial due to abandonment may not be appealed, but an applicant or petitioner may file a
motion to reopen under § 103.5.
Therefore, this office has no jurisdiction over the instant appeal. Rather, 8 C.F.R. § 1 03.5(a)(2) provides that
denials due to abandonment may be challenged in a motion to reopen before the office that rendered the
decision based on limited arguments.
ORDER: The appeal is rejected.