dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was summarily dismissed because the Petitioner failed to respond to a Request for Evidence issued by the AAO. This failure to respond led to the appeal being considered abandoned under 8 C.F.R. ยง 103.2(b)(13)(i).
Criteria Discussed
Abandonment Failure To Respond To Request For Evidence
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U.S. Citizenship and Immigration Services MATTER OF B-I- INC. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: JULY 22, 2016 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an infonnation technology finn, seeks to temporarily employ the Beneficiary as a "business analyst" under the H-IB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section IOI(a)(I5)(H)(i)(b), 8 U.S.C. ยง IIOI(a)(I5)(H)(i)(b). The H-lB 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, Vennont Service Center, approved the nonimmigrant visa petition. However, in response to new evidence and upon subsequent review, the Director issued a notice of intent to revoke (NOIR), and ultimately revoked, approval of the petition. The matter is now before us on appeal. We will summarily 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 or applicant does not respond to a request for evidence by the required date. 8 C.F.R. ยง 103.2(b)(13)(i). Failure to submit requested evidence which precludes a material line of inquiry shall be grounds for denying the petition. 8 C.F.R. ยง 103.2(b)(\4). II. DISCUSSION After conducting a preliminary review of the record of proceedings, we sent a request for evidence to the Petitioner requesting that it resolve discrepancies we had identified regarding signatures on several documents. However, the Petitioner did not respond to our request. Therefore, we are summarily dismissing the appeal as abandoned. The remaining issues in this proceeding are thereby moot. Matter of B-I- Inc. III. CONCLUSION In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. ยง 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been met. ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(l3). Cite as Matter ofB-1- Inc., ID# 17627 (AAO July 22, 2016) 2
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