dismissed H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re : 10119305 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 25, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a "software engineer" 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 the evidence was 
insufficient to establish that the position qualified as a specialty occupation and that you bad a valid 
employer-employee relationship to the Beneficiary . The matter is now before us on appeal. On 
appeal, the Petitioner asserts that the Director erred. 
On November 30, 2020 , we mailed you a notice of intent to dismiss (NOID) your appeal because U.S. 
Citizenship and Immigration Services records indicate that another entity filed a Form 1-129, Petition 
for Nonimmigrant Worker, seeking nonimmigrant H-lB classification on behalf of the Beneficiary 
and that petition was approved . Our NOID provided you with 33 days to respond, however you did 
not respond . 1 A benefit request may be summarily denied as abandoned, denied based on the record, 
or denied for both reasons if a petitioner fails to respond to an RFE/NOID by the required date. 
8 C.F.R. § 103.2(b)(13)(i) . Because you did not respond to our NOID, the appeal will be dismissed 
as abandoned. 
ORDER: The appeal is dismissed. 
1 Due to COVID-19 flexibilities in place at the time of the issuance of our NOID, we extended the time frame within which 
you had to respond by an additional 60 days.