dismissed H-1B Case: Information Technology Consulting

U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 31, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information consulting services firm, seeks to temporarily employ the Beneficiary as 
a "scrum master" 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 Petitioner 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 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). 
Cite as Matter of B-, Inc., ID# 4698523 (AAO Oct. 31, 2019)