dismissed H-1B

dismissed H-1B Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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