dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 5732170 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 27, 2020 
The Petitioner, an information technology consulting company, seeks to temporarily employ the 
Beneficiary as a "Java backend engineer" 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 January 8, 2020, we issued a Notice of Intent to Dismiss and Requesf for Evidence fNOID/RFE) 
to the Petitioner, requesting specific evidence regarding the signatures for.__ ___ ___, CEO, 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 87 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).