dismissed H-1B

dismissed H-1B Case: Wholesale

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Wholesale

Decision Summary

The appeal was dismissed because the petitioner failed to respond to a request for evidence regarding a questionable signature on the attorney's notice of appearance. This failure to respond to a request that precluded a material line of inquiry was grounds for dismissal due to abandonment.

Criteria Discussed

Specialty Occupation Failure To Respond To Request For Evidence Abandonment

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View Full Decision Text
(b)(6)
U.S. Citizenship 
and Immigration 
Services 
MATTER OF M&EE-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 25, 2015 
PETITION: FORM 
I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a "[ w ]holesaler of apparel and autos," seeks to employ the Beneficiary in what it 
designates as a "Fiscal Officer" position. The Petitioner seeks to classify her as a nonimmigrant 
worker in a specialty occupation . See section 101(a)(15)(H)(i)(b) ofthe Immigration and Nationalit y 
Act (the Act), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The Director, Vermont Service Center, denied the 
petition. The matter is now before us on appeal. The appeal will be dismissed . 
The Director denied the petition, finding that the evidence of record did not establish that the 
proffered position qualifies for classification as a specialty occupation. An appeal was then filed by 
, a Virginia attorney, purportedly on behalf of the Petitioner. 
In conducting our preliminar y review of the appeal, we observed that the Form I-290B, Notice of 
Appeal or Motion, was accompanied by a Form G-28, Notice of Entry of Appearance as Attorney or 
Accredited Representative , purpor1ing to authorize to represent the Petitioner in the 
appeal proceeding. This Form G-28, however, contained a markedly different signature of 
who is identified elsewhere in the record as the Petitioner 's President, from his ostensible 
signatures on other documents in the record. We requested that the Petitioner provide specific 
evidence pertinent to that issue and accorded the Petitioner thirty days, plus three days for service by 
mail, in which to respond to our request for evidence. As of the date of this notice, we have not 
received a response to our request for evidence. 
A petition may be sununaril y denied as abandoned , denied based on the record, or denied for both 
reasons if a petitioner or applicant fails to 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). As further provided in 8 C .F.R. 
ยง 103.2(b)(14), the failure to submit requested evidence that precludes a material line of inquiry shall 
be grounds for denying the petition. 
As the Petitioner has not responded to our notice, the appeal will be dismissed , and the petition will 
be denied, due to the failure to submit requested evidence that precludes a material line of inquiry, 
making any remaining issues in this proceeding moot. 
Matter of M&EE-, LLC 
ORDER: The appeal is dismissed. 
Cite as Matter ofM&EE-, LLC, ID# 13139 (AAO Sept. 25, 201) 
2 
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