dismissed H-1B Case: Education

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MATTER OF M-E-S- INC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 19, 2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a school, seeks to continue to employ the Beneficiary as a "teacher" under the H-1 B 
nonimmigrant classification for specialty occupations. See Immigration and Nationality Act section 
101(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-18 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 of the Vermont Service Center denied the petition, concluding that the Petitioner: ( 1) 
did' not establish that it is exempt from paying the higher fee requirement established with the 
American Competitiveness and Workforce Improvement Act; and, (2) did not sufficiently establish 
that it qualifies as a United States employer with an employer-employee relationship with the 
Beneficiary. 
On appeal, the Petitioner submits additional evidence and asserts that the Director erred in denying 
the petition. 
Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
A benefit request may be summarily denied as abandoned, denied based on the record, or denied for 
both reasons if a petitioner does not 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. 8 C.F.R. 
§ 103.2(b)(l4). 
II. DISCUSSION 
U.S. Citizenship and Immigration Services (USCIS) records indicate that after the instant petition 
was filed, another employer filed a petition seeking nonimmigrant H-1 B classification on behalf of 
the Beneficiary. USCIS records further indicate that the other petition was approved. We sent a 
letter to the Petitioner requesting verification of its intent to pursue this appeal, and have not 
Matter of M-E-S- Inc. 
received a response. Therefore, the appeal will be summarily dismissed because the Petitioner did 
not respond to our request within the time permitted. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3). 
Cite as Matter of M-E-S- Inc, ID# 273114 (AAO Apr. 19, 2017) 
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