dismissed H-1B Case: Product Design

MATTEROFS-T-D 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE : SEPT. 26, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , an ___________________ seeks to temporarily employ 
the Beneficiary as a "product designer" under the H-IB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b) , 8 U.S.C. 
§ l 101(a)(l5)(H)(i)(b). The H-IB 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 had 
not established that ( 1) it submitted a certified labor condition application that corresponded to the 
petition ; and (2) it would pay the Beneficiary an adequate salary for his work. On appeal , the Petitioner 
submits a brief and asserts that the Director 's decision was erroneous . We will dismiss the appeal. 
U.S. Citizenship and Immigration Services (USCIS) records indicate that after the instant petition was 
filed, the Petitioner filed another Form 1-129 petition also seeking H-IB nonimmigrant classification 
for the Beneficiary . USCIS records further indicate that this other petition was approved , for the 
period March 26, 2019 , to March 4, 2022. 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. 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. § I 03 .2(b )(l 3)(i). 
Cite as Matter of S-T- □ID# 3996584 (AAO Sept. 26, 2019)