dismissed
H-1B
dismissed H-1B Case: Computer Support
Decision Summary
The appeal was dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Deny (NOID). The NOID requested evidence that the petitioner was a business in good standing, as its right to transact business in New York appeared to be inactive.
Criteria Discussed
Abandonment Failure To Respond To Noid Business In Good Standing Specialty Occupation
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U.S. Citizenship and Immigration Services MATTER OF A-T- INC. Non-Precedent Decision of the Administrative Appeals Office DATE: JUNE 29,2017 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an education and consulting business, seeks to temporarily employ the Beneficiary as a "computer user support specialist" under the H-1B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 1101 (a )(15)(H)(i)(b ). The Director of the California Service Center denied the Form 1-129, Petition for a Nonimmigrant Worker. The matter is now before us on appeal. We will dismiss the appeal as abandoned. I. BACKGROUND During a preliminary review of the record, we were unable to determine that the Petitioner was a business in good standing. A search of the New York State, Department of State, Division of Corporations Entity Information website indicated that the Petitioner's right to transact business in New York was inactive. We issued a notice of intent to deny (NOlO) and provided the Petitioner with the opportunity to submit evidence to rebut this information. The Petitioner was afforded 30 days (plus three days for mail) to respond to the request. The Petitioner, however, has not provided evidence demonstrating that it is active and in good standing in New York. 1 II. LEGAL FRAMEWORK If the appellant fails to respond to a NOlO by the required date, we may summarily dismiss the appeal as abandoned, dismiss based on the record, or dismiss for both reasons. 8 C.P.R. ยง 103.2(b)(13)(i)? When responding to a NOlO, the Petitioner must timely submit all requested materials together at one time. 8 C.P.R. ยง 103.2(b)(l1). Additional time to respond to a NOID may not be granted. 8 C.P.R.ยง 103.2(b)(8)(iv). 1 On June 9, 2017, the Petitioner responded to the NOID requesting an extension; however, an extension may not be granted. 8 C.F.R. ยง I 03.2(b )(8)(iv). 2 As further provided in 8 C.F.R. ยง 103.2(b)(14), the failure to submit requested evidence that precludes a material line of inquiry shall be grounds for denying the benefit request. Matter of A-T- Inc. III. CONCLUSION As the Petitioner has not provided the requested information, the benefit request is deniable under the regulatory provision cited above making any remaining issues in this proceeding moot. 3 ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13). Cite as Matter of A-T- Inc., ID# 481165 (AAO June 29, 2017) 3 We further note that the Petitioner does not appear to have established that the proffered position qualifies as a specialty occupation in accordance with section 214(i)(l) ofthe Act and 8 C.F.R. ยง 214.2(h)(4)(ii). 2
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