dismissed H-1B Case: Information Technology

MATTER OF I-C-C- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 5, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology consulting company, seeks to temporarily employ the 
Beneficiary as a "consultant (Java developer)" 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. § 1101(a)(15)(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 of the California Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits additional evidence and asserts that the Director erred in denying the petition. We will 
dismiss the appeal. 
On July 17, 2019, we issued a Notice of Intent to Dismiss and Request for Evidence (NOID/RFE) to 
the Petitioner, requesting specific evidence regarding the signatures for _______ _ 
Director of Human Resources, found within the record of proceedings . The Petitioner was 
specifically advised that without knowing who signed the documents, and this individual's capacity 
to sign on the Petitioner's behalf, we cannot recognize the appeal to have been properly filed by an 
affected party with legal standing in these proceedings. 8 C.F.R. § 103.3(a)(l)(iii)(B). The 
Petitioner was afforded 33 days to respond to the notice; however, the Petitioner did not respond 
within the time period allowed in the request, or any time since then. A benefit request may be 
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). Therefore, the appeal will be dismissed 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. § 103.2(b)(13)(i). 
Cite as Matter of 1-C-C- LLC, ID# 4221557 (AAO Sept. 5, 2019)