dismissed H-1B

dismissed H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

Decision Summary

The appeal was summarily dismissed as abandoned because the Petitioner did not respond to the AAO's request to verify its intent to pursue the appeal. This request was made after it was noted that another employer's H-1B petition for the same beneficiary had been approved.

Criteria Discussed

Abandonment Failure To Respond

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-S- INC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 11,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development and consulting firm, seeks to temporarily employ the 
Beneficiary as an "EDI developer" 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, California Service Center, denied the petition. The Director concluded that the 
Petitioner had not established that the Beneficiary is qualified to work in a specialty occupation 
position. The matter is now before us on appeal. In its appeal, the Petitioner asserts that the 
evidence submitted satisfies all evidentiary requirements. 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 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). The failure to submit requested evidence that 
precludes a material line of inquiry shall be grounds for denying the petition. 8 C.F .R. 
§ 103.2(b)(14). 
II. DISCUSSION 
U.S. Citizenship and Immigration Services (USCIS) records indicate that after the instant petition 
was filed, another employer filed a petition seeking nonimmigrant H-1B 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. Therefore, the appeal will be summarily dismissed because the Petitioner did 
not respond to our request within the time permitted. 
Matter of A-S- Inc 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter of A-S- Inc, ID# 17123 (AAO Aug. 11, 2016) 
J 
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