dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 8753745 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: NOV. 25, 2020 
The Petitioner, an information technology consulting company, seeks to temporarily employ the 
Beneficiary as a "programmer analyst" 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. 
§ 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 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 Vermont 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. 
U.S. Citizenship and Immigration Services (USCIS) records indicate that on a date subsequent to the 
Petitioner's filing of the appeal, the Beneficiary was approved for work with another employer who 
also filed a Form 1-129 petition seeking H-lB nonimmigrant classification for the Beneficiary. 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).