This appeal was not successful at this stage
The AAO summarily dismissed the appeal as abandoned because the Petitioner failed to respond to a Notice of Intent to Dismiss and Request for Evidence issued on September 29, 2016.
The Vermont Service Center denied this H-1B petition for a software programmer position, finding insufficient evidence of specialty occupation work available for the Beneficiary. On appeal, the AAO issued a Notice of Intent to Dismiss and Request for Evidence on September 29, 2016, asking the Petitioner to confirm its intent to proceed and to address potentially derogatory information in the record. The Petitioner did not respond, and the AAO summarily dismissed the appeal as abandoned. No merits determination was reached.
What failed: The Petitioner failed to respond to the AAO's Notice of Intent to Dismiss and Request for Evidence, resulting in summary dismissal of the appeal as abandoned without any merits review.
Takeaway: Petitioners must actively monitor and respond to all AAO communications, including Notices of Intent to Dismiss; failure to respond to any request for evidence or intent-to-pursue notice will result in automatic abandonment of the appeal.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating H-1B criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The Petitioner failed to respond to the AAO's Notice of Intent to Dismiss and Request for Evidence, resulting in summary dismissal of the appeal as abandoned without any merits review.
Petitioner failed to respond to Notice of Intent to Dismiss and Request for Evidence, leaving potentially derogatory information unaddressed
Completed
I-129 filed
Software programmer at an information technology solutions company
Completed
Vermont Service Center — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2016-11-16
AAO decision — Dismissed
The AAO summarily dismissed the appeal as abandoned because the Petitioner failed to respond to a Notice of Intent to Dismiss and Request for Evidence issued on September 29, 2016.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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