dismissed H-1B Case: Systems Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 10074103 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 29, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a "systems analyst" under the H-lB 
nonirnrnigrant 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 that the evidence of record 
does not establish that the Beneficiary is qualified for the proffered position. On appeal, the Petitioner 
submits a brief and contends that the petition should be approved . We will dismiss the appeal. 
We sent a sent a notice to the Petitioner. The Petitioner was afforded 33 days to respond to the notice; 
however, the Petitioner did not respond within the allotted timeframe, or any time since then. A benefit 
request may be 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 dismiss by the required 
date. 8 C.F.R. § 103.2(b)(13)(i) . Therefore , the appeal will be dismissed as abandoned because the 
Petitioner did not respond to our request within the time permitted . 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F .R. § 103 .2(b )( 13)(i).