The Petitioner, which describes itself as a trade business, seeks to permanently employ the Beneficiary in the United States as an operation analyst. The Petitioner requests classification of the Beneficiary as an advanced degree professional pursuant to section 203(b )(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2). The approval of the petition was revoked by the Director, Nebraska Service Center. The matter is now before us on appeal. The appeal will be dismissed. We issued a notice of intent to dismiss (NOID) on December 23, 2015, requesting evidence to establish that a bona fide job offer still existed. The NOID also advised the Petitioner of its burden to establish its ability to pay not only the wage offered to this Beneficiary, but also the wages offered to any other beneficiaries for whom it had petitioned. The NOID solicited specific information regarding at least three other beneficiaries on whose behalf petitions had been filed.
In our NOID/RFE, we specifically alerted the Petitioner that if it did not respond to the NOID/RFE we could not substantively adjudicate the appeal without the information requested and the appeal would be dismissed. The failure to submit requested evidence that precludes a material line of inquiry shall be grounds for denying the petition. See 8 C.F.R. § 103.2(b)(14).
As of the date of this decision, the Petitioner has not responded to our NOID. Because the Petitioner did not respond to the NOID, we are summarily dismissing the appeal as abandoned pursuant to 8 C.F.R. § 103.2(b)(13)(i).
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden.
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). Cite as Matter ofB- Corp., ID# 15124 (AAO Feb. 16, 2016)