dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 4772145 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 16, 2020 
The Petitioner, a company engaged in information technology consulting and services, seeks to 
temporarily employ the Beneficiary as a "business systems analyst" under the H-lB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(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 attaimnent 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 Vermont Service Center denied the petition, concluding that that the Petitioner 
had not demonstrated that the proffered position qualifies as a specialty occupation. On appeal, the 
Petitioner asserts that it has established eligibility for the benefit sought. We will dismiss the appeal. 
Our review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date 
subsequent to your filing of the appeal, a different employer filed a Form I-129 petition also seeking 
H-lB nonimmigrant classification for the Beneficiary. USCIS records further indicate that this other 
petition was approved, for the period from November 2019 to September 2022. 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. See 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.