dismissed H-1B Case: Software Development

MATTER OF A- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 28,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development company, seeks to temporarily employee the Beneficiary as 
a programmer analyst 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 proffered position qualifies as a specialty occupation. The 
matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the evidence of record demonstrates its eligibility for the benefit sought. 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. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Matter of A- Corp. 
Cite as Matter of A- Corp., ID# 126472 (AAO Oct. 28, 2016) 
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