dismissed H-1B Case: Accounting

(b)(6)
DATE: 
INRE: 
PETITION: 
NAY 2 8 2015 
Petitioner: 
Beneficiary: 
PETITION RECEIPT #: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
Enclosed is the non-precedent decision of the Administrative Appeals Office (AAO) for your case. 
If you believe we incorrectly decided your case, you may file a motion requesting us to reconsider our 
decision and/or reopen the proceeding. The rt:quirements for motions are located at 8 C.F.R. § 103.5. 
Motions must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this 
decision. The Form I-290B web page (www.uscis.gov/i-290b) contains the latest information on fee, filing 
location, and other requirements. Please do not mail any motions directly to the AAO. 
Thank you, 
REV J/2015 www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the petition. The matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily 
dismissed. 
On the Petition for a Nonimmigrant Worker (Form 1-129), the petitiOner describes itself as an 
accounting firm that was established in In order to employ the beneficiary in what it designates 
as an accountant position, the petitioner seeks to classify her as a nonimmigrant worker in a specialty 
occupation pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. § 1101(a)(15)(H)(i)(b). 
The Director denied the petition, finding that the petitioner did not establish that the proffered position 
qualifies as a specialty occupation in accordance with the applicable statutory and regulatory provisions. 
The petitioner submitted a Notice of Appeal or Motion (Form I-290B) and checked Box bi n Part 3 of 
the form to indicate that it was filing an appeal and would send a brief and/or additional evidence within 
30 days. 
The only comment that the petitioner {through counsel) submits about the appeal is the following 
statement on the attachment to Form I-290B: 
We are filing an appeal in connection with the aforementioned matter as we believe that 
we have clearly demonstrated that the available position of Staff Accountant is in fact a 
specialty occupation as delineated by statute and, that we have met more than one of the 
stated criteria. 
Evidence in support of said appeal will be submitted directly to the AAO within 30 
days. 
We fully and in-detail reviewed the submission, including the Form I-290B and the petitioner's written 
statement. However, the petitioner did not identify any specific assignment of error. Moreover, 
although the petitioner stated that it would send a brief and/or additional evidence, we have not received 
the submission within the allotted timeframe or thereafter. Accordingly, the record of proceeding is 
deemed complete as currently constituted. 
The regulation at 8 C.P.R. § 103.3(a)(l)(v) states, in pertinent part: "An officer to whom an appeal is 
taken shall summarily dismiss any appeal when the party concerned fails to identify specifically any 
erroneous conclusion of law or statement of fact for the appeal." In the instant case, the petitioner did 
not identify specifically an erroneous conclusion of law or a statement of fact as a basis for the appeal 
and, therefore, the appeal must be summarily dismissed. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed.