dismissed H-1B Case: Graphic Design

MATTER OF B-L-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 28,2016 
APPEAL OF VERMONT SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a beauty product company, filed the petition in order to temporarily employ the 
Beneficiary as a "graphic designer" under the H -1 B nonimmigrant classification. See Immigration 
and Nationality Act § 101(a)(15)(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, revoked the approval of the petition. The matter is now 
before us on appeal. Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
The regulations provide for two methods for revoking an H -1 B pet1t10n: (1) immediate and 
automatic revocation; and (2) revocation on notice. 8 C.F .R. § 214.2(h)(11 ). More specifically: 
• The approval of a petition is "immediately and automatically" revoked if a petitioner 
files a written withdrawal of the petition. 8 C.F .R. § 214.2(h)(11 )(ii). 
• The director shall follow the "revocation on notice" process by sending the petitioner 
a NOIR if it is determined that the beneficiary is no longer employed in the capacity 
specified in the petition. 8 C.F.R. § 214.2(h)(ll)(iii). The notice shall contain a 
detailed statement of the grounds for revocation and the time period allowed to 
respond. Id. 
II. FACTUALBACKGROUND 
A site visit was conducted at the Petitioner's business operations on November 13, 2013. Thereafter, 
the officer conducting the site visit sent the Petitioner an email requesting additional information. 
The Petitioner responded to the email on December 13, 2013, indicating that the Beneficiary's 
employment had ceased on November 15, 2013. 
Matter of B-L-, INC 
Thereafter, the Director sent a NOIR to the Petitioner, stating that USCIS had learned that the 
Beneficiary was no longer employed by the Petitioner. The Director requested that the Petitioner 
submit a written request to withdraw the petition. The Petitioner did not respond to the notice, and 
the Director revoked the petition. 
III. DISCUSSION 
On appeal, the Petitioner states the following: 
On December 13, the USCIS emailed our company and we informed the USCIS that 
[the Beneficiary] was no longer an employee of [the Petitioner]. Because we 
informed the USCIS by email that [the Beneficiary] was no longer an employee ... 
we did not think it was necessary to write another letter withdrawing the H-1B 
petition . . . . Because we are in compliance with the requirement to notify the USCIS 
that [the Beneficiary] was no longer employed by our company, we respectfully 
request that the H -1 B petition not be considered revoked. We request that it be 
withdrawn. 
The Petitioner acknowledges that it did not withdraw the H-1B petition. Notably, even if the 
Petitioner had submitted a withdrawal request, such notification would have resulted in the 
automatic revocation of the petition's approval (rather than the "revocation on notice" process that 
occurred in the instant case). 
1 
The Petitioner did not withdraw the petition, and there is no 
indication: (1) that the Director improperly followed the "revocation on notice" process; or (2) that 
the Director's decision was incorrect. Therefore, the appeal will be dismissed. 
III. CONCLUSION 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013) (citing Matter of Brantigan, 11 I&N Dec. 493, 495 (BIA 1966)). Here, that burden has 
not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter o.fB-L-, Inc., ID# 16413 (AAO Mar. 28, 2016) 
1 A request to withdraw an H-1 B petition results in the revocation ofthe petition. 8 C.F.R. § 214.2(h)(ll)(ii). Automatic 
revocations are not appealable. 8 C.F.R. § 214.2(h)(l2)(ii). 
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