dismissed H-1B Case: Information Technology

MATTER OF T-S- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 16, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology consulting company, seeks to temporarily employ the 
Beneficiary as a "Tableau 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. 
§ 110l(a) (15)(H)(i)(b). The H-IB 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 on two separate grounds, 
concluding that the record did not establish: (1) that the Petitioner will maintain an employer­
employee relationship with the Beneficiary; and (2) 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. 
U.S. Citizenship and Immigration Services (USCIS) records indicate that after the instant petition 
was filed, another employer filed a petition seeking nonimmigrant H-IB classification on behalf of 
the Beneficiary. USCIS records further indicate that the other petition was approved. We sent a 
letter to the Petitioner requesting verification of its intent to pursue this appeal, and have not 
received a response. 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 ofT-S- Inc., ID# 4445590 (AAO Sept. 16, 2019)