dismissed H-1B Case: Programmer Analyst

U.S. Citizenship 
and Immigration 
Services 
In Re: 3697812 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 2, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as an "SAS programmer analyst" 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-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 Vermont Service Center denied the petition, concluding that the evidence of record 
does not establish that the proffered position qualifies as a specialty occupation . On appeal, the 
Petitioner submits a brief and contends that the petition should be approved. We will dismiss the 
appeal. 
We sent a sent a notice to the Petitioner. The Petitioner was afforded 33 days to respond to the notice; 
however, the Petitioner did not respond within the allotted timeframe, or any time since then. 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 dismiss 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. § 103.2(b)(13)(i).