dismissed H-1B Case: Agricultural Research

1delM9h#dSWto 
prevent deafly UllW~ 
~fivasion of oersonal 
puIq,ECcOPY 
US. Department of Homeland Security 
20 Mass Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: WAC 04 156 51082 Office: CALIFORNIA SERVICE CENTER Date: 1 2 2006 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 11 01(a)(l S)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 04 156 51082 
Page 2 
DISCUSSION: The Director of the California Service Center denied the nonimrnigrant visa petition and the 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal shall be dismissed. 
The petitioner is a nonprofit organization that seeks to employ the beneficiary as a director of agricultural 
research and development. The director denied the petition on the basis that the proffered position did not 
meet the definition of a specialty occupation. 
The petitioner submitted a timely Form I-290B on September 7, 2004 and indicated that a brief andlor additional 
evidence would be submitted to the AAO within 30 days. As of this date, however, the AAO has not received 
any additional evidence into the record. Therefore, the record is complete. 
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. 
8 C.F.R. 5 103.3(a)(l)(v). 
On the Form I-290B the petitioner fails to specify how the director made any erroneous conclusion of law or 
statement of fact in denying the petition. As the petitioner fails to present additional evidence on appeal to 
overcome the decision of the director, the appeal will be summarily dismissed in accordance with 
8 C.F.R. 5 103.3(a)(l)(v). 
The burden of proof in this proceeding rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 8 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.