dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 9687290 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEPT. 14, 2020 
The Petitioner, an information technology company, seeks to temporarily employ the Beneficiary as a 
"computer scientist" under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality 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 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 records indicate that a different employer subsequently 
filed an H-lB petition on behalf of the Beneficiary, which has been approved. We sent a letter to the 
Petitioner requesting verification of its intent to pursue this appeal and did not receive a response 
within the allotted timeframe. 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).