dismissed H-1B Case: Software Engineering

MATTER OF S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 22, 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 employ the Beneficiary as a 
"software engineer" under the H-1B nonimmigrant classification tor specialty occupations. See 
Immigration and Nationality Act (the Act) section 10l(a)(l5)(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, California Service Center, denied the petition. The Director concluded that the 
Petitioner had not demonstrated that the Beneficiary is qualified to perform services in a specialty 
occupation. 
The matter is now before us on appeal. We will summarily dismiss the appeal. 
I. LEGAL FRAMEWORK 
A petition may be summarily denied as abandoned, denied based on the record, or denied for both 
reasons if a petitioner does not respond to a notice by the required date. 8 C.P.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.P.R.§ 103.2(b)(14). 
II. DISCUSSION 
On October 21, 2016, we issued a Request for Evidence. We requested that the Petitioner: (1) clearly 
describe the nature of the proffered position; (2) state its specific educational requirements for entry 
into the proffered position; and (3) demonstrate that the Beneficiary is qualified to perform the duties 
of the proffered position. 
The Petitioner did not respond to our request. Therefore, we are summarily dismissing the appeal as 
abandoned. The remaining issues in this proceeding are thereby moot. 
Matter of S-, Inc. 
III. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter ofS-, Inc., ID# 9738 (AAO Dec. 22, 2016) 
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