dismissed H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 5671828 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 22, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB 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)(l5)(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 proffered position qualifies as a specialty occupation, and dismissed a 
subsequent motion to reopen and motion to reconsider. On appeal, the Petitioner asserts that the 
Director erred and the evidence supports an approval of the petition. We will dismiss the appeal. 
U.S . Citizenship and hnmigration Services (USCIS) records indicate that after the instant petition was 
filed, the Petitioner filed a petition seeking nonimmigrant H-IB 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. 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 deny 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) .