dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The Director initially denied the petition, concluding that the proffered position did not qualify as a specialty occupation. The appeal was ultimately dismissed as abandoned because the Petitioner failed to respond to a notice from the AAO within the allotted timeframe.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services MATTER OF B-S-S-, INC. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 25, 2019 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner , an information technology consulting services company, seeks to temporarily employ the Beneficiary as a "quality assurance 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. ยง 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 evidence of record does not establish that the proffered position qualifies as a specialty occupation . On appeal, the Petitioner submits a brief and contends that the petition should be approved. We will dismiss the appeal. We sent a 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 . 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 dismiss 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 permitted. ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F .R. ยง 103 .2(b )(13)(i). Cite as Matter of B-S-S-, Inc., ID# 4779854 (AAO Sept. 25, 2019)
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