dismissed H-1B

dismissed H-1B Case: Hospitality Management

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Hospitality Management

Decision Summary

The AAO issued a notice of intent to dismiss (NOID) to the Petitioner. The Petitioner did not respond to the notice within the allotted timeframe, so the appeal was dismissed as abandoned.

Criteria Discussed

Specialty Occupation Abandonment For Failure To Respond To A Notice

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 5670118 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 27, 2020 
The Petitioner, a hospitality management provider, sought to employ the Beneficiary temporarily as a 
"platform administrator" under the H-lB 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 H-IB 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 Form I-129, Petition for a Nonimmigrant 
Worker. On appeal, the Petitioner asserts that the Director erred by denying the petition . We will 
dismiss the appeal. 
On January 15, 2020, we issued a notice of intent to dismiss (NOID) advising the Petitioner of our 
intent to deny the petition. The notice informed the Petitioner it had 33 days in which to respond to 
the notice. However, the Petitioner did not respond to the notice within the allotted timeframe. We 
may deny a benefit request as abandoned, deny it based on the record, or deny it 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. ยง 103.2(b)(13)(i). Therefore, we will dismiss the appeal as abandoned because the 
Petitioner did not respond to our request within the time permitted. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13). 
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