dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Decision Summary

The AAO issued a request for evidence to the petitioner to resolve discrepancies with signatures on several documents. The petitioner did not respond to the request, so the appeal was summarily dismissed as abandoned.

Criteria Discussed

Failure To Respond To Request For Evidence Abandonment

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View Full Decision Text
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 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology firm, seeks to temporarily employ the Beneficiary as a 
"business analyst" 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. 
§ 110l(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, Vermont 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. § 103.2(b)(13)(i). 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)(14). 
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. The remaining issues in this proceeding are thereby moot. 
Matter of B-1- 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. § 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. § 103.2(b)(13). 
Cite as Matter of B-I- Inc., !D# 17634 (AAO July 22, 2016) 
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