dismissed
H-1B
dismissed H-1B Case: Wholesale Trade
Decision Summary
The appeal was summarily dismissed as abandoned. After an initial review, the AAO sent the Petitioner a notice of intent to dismiss (NOID), but the Petitioner did not respond, leading to the dismissal.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office MATTER OF T-H-, LLC DATE: APR. 27,2017 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a wholesale trade and export company, seeks to temporarily employ the Beneficiary as a "purchasing agent" under the H-1B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 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 California Service Center denied the petition, concluding that the Petitioner did not establish that the proffered position qualifies as a specialty occupation. After conducting a preliminary review of the record of proceedings, we sent the Petitioner a notice of intent to dismiss (NOID) the appeal. As of the date of this decision, the Petitioner has not responded to our notice. A benefit request may be summarily denied as abandoned, denied based on the record, or denied for both reasons if a petitioner or applicant does not respond to a NOID by the required date. 8 C.P.R. ยง 103 .2(b )(13 )(i). Failure to submit requested evidence which precludes a material line of inquiry shall be grounds for denying the petition. 8 C.F.R. ยง 103.2(b)(l4). Since the Petitioner has not responded to the NOID, we are summarily dismissing the appeal as abandoned. The remaining issues in this proceeding are thereby moot.' ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.P.R. ยง 103.2(b)(l3). Cite as Matter ofT-H-, LLC, ID# 264076 (AAO Apr. 27, 2017)
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