dismissed H-1B Case: Logistics

U.S. Citizenship 
and Immigration' 
Services 
MATTER OF K-L- INC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
(/ 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 9, 2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a freight forwarding company, seeks to temporarily employ the Beneficiary as a 
"logistics manager" 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-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 a~d (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 petition. The Director concluded that the 
evidence in the record does not establish that the proffered position qualifies as a specialty 
occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the evidence satisfies all evidentiary requirements. 
Upon de novo review, 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 or applicant does not respond to a request for evidence by the required 
date. 8 C.F.R. § 103.2(b)(13)(i). Failure to submit requested evidence which precludes a material 
line of inquiry shall be grounds for denying the petition. 8 C.F .R. § 1 03 .2(b )( 14 ). 
II. DISCUSSION 
After conducting a preliminary review of the record of proceedings, we sent a notice of intent to 
dismiss requesting that the Petitioner demonstrate that it is a business in good standing and that a 
bona fide position exists for the Beneficiary. However, the Petitioner did not respond to the notice. 
Therefore, we are summarily dismissing the appeal as abandoned. The remaining issues in this 
proceeding are thereby moot. 
Matter of K-L- Inc 
III. CONCLUSION 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.P.R. § 103.2(b)(13). 
Cite as Matter of K-L- Inc, ID# 17287 (AAO Sept. 9, 2016) 
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