dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 8773747 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: NOV. 25, 2020 
The Petitioner, an information technology consulting company, seeks to temporarily employ the 
Beneficiary as a "programmer analyst" under the H-1B 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-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 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 
asserts that the Director erred in denying the petition. We will dismiss the appeal. 
On July 2, 2020, we issued a Notice of Intent to Dismiss and Request for Evidence (NOID/RFE) to 
the Petitioner, requesting specific evidence regarding the signatures tori I HR 
Manager, 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 more than 90 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).