dismissed H-1B Case: It Consulting

MATTER OF I-S- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 27,2017 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an IT consulting company, seeks to temporarily employ the Beneficiary as a 
programmer analyst under the H-1 B 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-1B 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, Vermont Service Center, denied the petiti,9n. The Director concluded that the 
Petitioner did not have the requisite employer-employer relationship with the Beneficiary. The 
matter is now before us on appeal. In its appeal, the Petitioner submits a brief and additional 
evidence and asserts that the Director's decision was erroneous. We will dismiss the appeal. 
I. LEGAL FRAMEWORK 
A benefit request may be summarily 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)(l3)(i). The failure to submit requested evidence that 
precludes a material line of inquiry shall be grounds for denying the petition. 8 C.P.R. 
§ 103.2(b)(14). 
II. DISCUSSION 
U.S. Citizenship and Immigration Services (USCIS) records indicate that after the instant petition 
was filed, another employer filed a petition seeking nonimmigrant H -1 B classification on behalf of 
the Beneficiary. USCIS records further indicate that the other petition was approved. We sent a 
letter to the Petitioner requesting verification of its intent to pursue this appeal, and we have not 
received a response. Therefore, the appeal will be summarily dismissed because the Petitioner did 
not respond to our request within the time permitted. 
Matter of 1-S- LLC 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter of 1-S- LLC, ID# 63521 (AAO Jan. 27, 2017) 
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