dismissed H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
MATTER OF U- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 4, 2016 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a computer company, seeks to temporarily employ the Beneficiary as a .. system 
architecC under the H-1B nonimmigrant classification for specialty occupations. S'ee Immigration and 
Nationality Act (the Act)§ 10l(a)(l5)(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. The Director concluded that the 
Petitioner had not established that the proffered position qualifies as a specialty occupation in 
accordance with the statutory and regulatory provisions. 
The matter is now before us on appeal. We sent a notice of intent to dismiss and a request for 
evidence (NOID/RFE) to the Petitioner. The Petitioner was afforded 33 days to respond; however, it 
did not respond within the timeframe allotted. 
If a petitioner does not respond to a notice by the required date, the benefit request may be 
summarily denied as abandoned, denied based on the record. or denied for both reasons. See 
8 C.P.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 benefit request. 8 C.P.R. § 103.2(b)(l4). 
As the petitioner has not responded to our NOID/RFE, the benefit request is deniable under the 
regulatory provisions cited above. Accordingly, the appeal will be summarily dismissed as 
abandoned. In the alternative, the appeal would be dismissed due to the Petitioner's failure to submit 
requested evidence that precludes a material line of inquiry, making any remaining issues in this 
proceeding moot. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.P.R. 
§ 103.2(b)(13)(i). 
Cite as Matter ofU- LLC, ID# 16626 (AAO May 4, 2016)