dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 24,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development firm, seeks to temporarily employ 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 demonstrated that the proffered position qualifies as a specialty occupation 
position. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the evidence of record satisfies all evidentiary requirements. 
Upon de novo review, 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 or applicant does not respond to a request for evidence by the required 
date. 8 C.F.R. § 103.2(b)(13)(i). 
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- Corp. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F .R. § 103 .2(b )(13 ). 
Cite as Matter of A- Corp., ID# 8048 (AAO Oct. 24, 2016) 
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