dismissed
H-1B
dismissed H-1B Case: Computer Software
Decision Summary
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a request for evidence from the AAO within the 87-day period allowed. According to regulations, this failure to submit requested evidence that precludes a material line of inquiry is grounds for dismissal.
Criteria Discussed
Failure To Respond To Request For Evidence Abandonment
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MATTER OF 18/8S- INC. Non-Precedent Decision of the Administrative Appeals Office DATE: DEC. 30,2015 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a computer software development and consulting firm, seeks to temporarily employ the Beneficiary as a "Quality Assurance Analyst" under the H-1B nonimmigrant classification. See Immigration and Nationality Act ยง 101(a)(l5)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The Director, California Service Center, denied the petition and reaffirmed that decision in response to the Petitioner's subsequent motion to reopen and reconsider. The matter is now before us on appeal. The appeal will be summarily dismissed as abandoned. On September 18, 2015, we issued a notice to the Petitioner requesting evidence. The Petitioner was afforded 87 days to respond to the notice; however, the Petitioner did not respond within the time period allowed in the request, 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 by the required date. See 8 C.F.R. ยง 103.2(b)(13)(i). As further provided in 8 C.F.R. ยง 103.2(b)(l4), the failure to submit requested evidence that precludes a material line of inquiry shall be grounds for denying the petition. As the Petitioner has not responded to the request for evidence, 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'summarily dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13). Cite as Matter of 1818S- Inc., ID# 13834 (AAO Dec. 30, 2015)
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