dismissed
H-1B
dismissed H-1B Case: Computer Science
Decision Summary
The appeal was dismissed because the petitioner failed to respond to a notice from the AAO. The notice requested evidence regarding significant variations in the signature of the petitioner's authorized official, and the failure to submit this evidence precluded a material line of inquiry.
Criteria Discussed
Specialty Occupation Failure To Respond To Request For Evidence Signature Validity
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(b)(6) DATE: JUN 1 9 2015 IN RE: Petitioner: Beneficiary: PETITION RECEIPT#: U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office 20 Massachusetts Ave., N.W .. MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) ON BEHALF OF PETITIONER: Enclosed is the non-precedent decision ofthe Administrative Appeals Office (AAO) for your case. If you believe we incorrectly decided your case, you may file a motion requesting us to reconsider our decision and/or reopen the proceeding. The requirements for motions are located at 8 C.F.R. § 1 03.5. Motions must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. The Form I-290B web page (www.uscis.gov/i-290b) contains the latest information on fee, filing location, and other requirements. Please do not mail any motions directly to the AAO. Ron Rosenberg Chief, Administrative Appeals Office www.uscis.gov (b)(6) NON-PRECEDENTDEC§ION Page 2 DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition. The matter is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. On the Petition for a Nonimmigrant Worker (Form I-129), the petitiOner describes itself as a 26-employee "Consulting Services & Software development Services" firm established in In order to employ the beneficiary in what it designates as a "Computer System Analyst" position, the petitioner seeks to classify him as a nonimmigrant worker in a specialty occupation pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 11 01 ( a)(15)(H)(i)(b ). The Director denied the petitiOn, finding that the evidence did not establish that the proffered position qualifies for classification as a specialty occupation position. On appeal, the petitioner asserts that the Director's basis for denial was erroneous and contends that the petitioner satisfied all evidentiary requirements. We conducted a preliminary review of the record of proceeding and found that the signature for the petitioner's authorized official, varies significantly throughout the record of proceeding. On April 17, 2015, we issued a notice pertinent to the purported signatures of Ms. We requested that the petitioner provide specific evidence pertinent to that issue. A response to that notice was due on May 20, 2015. The petitioner did not respond within the time period allowed in the notice, or any time since then. A petition may be summarily denied as abandoned, denied based on the record, or denied for both reasons if a petitioner or applicant fails to 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. See 8 C.F.R. § 103.2(b)(14). As the petitioner has not responded to our notice, the appeal will be dismissed, and the petition will be denied, due to the failure to submit requested evidence that precludes a material line of inquiry, making any remaining issues in this proceeding moot. ORDER: The appeal is dismissed.
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