dismissed H-1B Case: Medicine

.'l[i•·~~. U.S. Citizenship 
and Immigration 
Services 
MATTER OF K-S-, MD, PA 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 16, 2016 
APPEAL OF VERMONT SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a medical practice, seeks to temporarily employ the Beneficiary as a part-time 
"physician/nephrologist" under the H-1B 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 petition. The Director concluded that the 
Petitioner had not established that the Beneficiary is qualified to work in the proffered position. 
The matter is now before us on appeal. We will·summarily 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.P.R. § 103.2(b )(13)(i). Failure to submit requested evidence which precludes a material 
line of inquiry shall be grounds for dynying the petition. 8 C.P.R. § 103.2(b)(14) . 
.. II. DISCUSSION 
Mter conducting a preliminary revi~w of the record of proceedings, we sent a request for evidence 
to the Petitioner requesting that it resolve several discrepancies we had, identified. However, the 
Petitioner did not respond to our request. Therefore, we are summarily dismissing the appeal as 
abandoned. The remaining issues in this proceeding are thereby moot. 
Ill. 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 of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
Matter of K-S-, MD, PA 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter of K-S-, MD, PA, ID# 94649 (AAO Dec. 16, 2016) 
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