dismissed H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 08770043 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 13, 2022 
The Petitioner sought to employ the Beneficiary temporarily under the H-lB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality 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 California Service Center denied the Form 1-129, Petition for a Nonimmigrant 
Worker. The matter is now before us on appeal. 8 C.F.R. § 103.3. The Petitioner bears the burden 
of proof to demonstrate eligibility by a preponderance of the evidence. Matter of Chawathe, 25 l&N 
Dec. 369, 375-76 (AAO 2010). 
On August 25, 2022, we issued a notice of intent to dismiss and request for evidence, advising the 
Petitioner that we required additional information aboutl !capacity to sign the petition 
and its associated documents on the Petitioner's behalf. In addition, we notified the Petitioner that 
without this information, we could not recognize the appeal to have been properly filed by an affected 
party with legal standing in these proceedings. 
The notice informed the Petitioner it had 33 days in which to respond to our notice. However, the 
Petitioner did not respond to the notice within the allotted timeframe. We may deny a benefit request 
as abandoned, deny it based on the record, or deny it 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). Because the Petitioner did not respond to our request within the time permitted, we 
will dismiss the appeal as abandoned. 
ORDER: The appeal is dismissed.