dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as abandoned. The AAO issued a Notice of Intent to Dismiss (NOID), but the Petitioner failed to respond within the allotted timeframe.
Criteria Discussed
Abandonment Failure To Respond To Notice Of Intent To Dismiss (Noid)
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U.S. Citizenship and Immigration Services In Re : 4553132 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 . 30, 2020 The Petitioner sought to employ the Beneficiary temporarily 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. ยง 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 Form 1-129, Petition for a Nonimmigrant Worker. On appeal, the Petitioner asserts that the Director erred by denying the petition. We will dismiss the appeal. On February 13, 2020, we issued a notice of intent to dismiss (NOID) advising the Petitioner of our intent to deny the petition. Although the notice informed the Petitioner it bad 33 days in which to respond to the notice, we have not received a response 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. ยง 103.2(b)(13)(i) . Therefore, we will dismiss the appeal 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. ยง 103.2(b)(13).
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