dismissed H-1B

dismissed H-1B Case: Information Technology

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