dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to an AAO notice within the required timeframe. Under federal regulations, failure to submit requested evidence or respond to a notice can be grounds for dismissing an appeal.
Criteria Discussed
Abandonment Failure To Respond To Notice
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U.S. Citizenship and Immigration Services MATTER OF 0-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: MAY 18,2016 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an information technology consulting firm, seeks to temporarily employ the Beneficiary as a .. business analyst" under the H-1 B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. ยง 1101(a)(l5)(H)(i)(b). The H-1 B 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, California Service Center, denied the petition. The matter is now before us on appeal. We will summarily dismiss the appeal. More specifically, we sent a notice to the Petitioner. The Petitioner was afforded 33 days to respond to the notice: however. the Petitioner did not respond within the allotted timeframe, or any time since then. If a petitioner does not respond to a notice by the required date, the benefit request may be summarily denied as abandoned, denied based on the record, or denied for both reasons. ,c;,'ee 8 C.F.R. ยง 103.2(b)(13)(i). 1 As the Petitioner has not responded to our notice, the benefit request is deniable under the regulatory provision cited above making any remaining issues in this proceeding moot. ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13). Cite as A1atter (?f'O-. Inc., ID# 17159 (AAO May 18, 2016) 1 As further provided in 8 C.F.R. ยง I 03.2(b)( 14), the failure to submit requested evidence that precludes a material line of inquiry shall be grounds for denying the benefit request.
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