dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed as abandoned. After the AAO sent a letter to the petitioner requesting verification of its intent to pursue the appeal, the petitioner failed to respond within the required timeframe.
Criteria Discussed
Specialty Occupation Abandonment
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MATTER OF C-S-&S-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: OCT. 31, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an information technology company, seeks to temporarily employ the Beneficiary as a "Salesforce business consultant" under the H-1 B nonimrnigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 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, concluding that the record does 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. U.S. Citizenship and Immigration Services (USCIS) records indicate that the Petitioner filed another Form 1-129, Petition for a Nonirnmigrant Worker, seeking H-lB classification on behalf of the Beneficiary and that the 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. ยง 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 pennitted. ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13)(i). Cite as Matter of C-S-&S-, Inc. , ID# 4181767 (AAO Oct. 31 , 2019)
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