dismissed H-1B Case: Market Research

U.S. Citizenship 
and Immigration 
Services 
In Re: 11822423 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 4, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "market research analyst" under the 
H-lB nonimmigrant classification for specialty occupations. 1 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 California Service Center denied the petition, concluding that the Petitioner did 
not establish that the proffered position is a specialty occupation . On appeal, the Petitioner asserts that 
the Director erred and the Petitioner has established eligibility for this benefit. We will dismiss the 
appeal. 
U.S. Citizenship and Immigration Services (USCIS) records indicate that after the instant petition was 
filed, another employer filed a petition seeking nonirnrnigrant H-lB 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 have not received a 
response. 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. 2 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). 
1 See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b) , 8 U.S.C. § l 101(a)(l5)(H)(i)(b). 
2 See 8 C.F.R. § 103.2(b)(l3)(i) .