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U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: EAC 04 012 53909 Office: VERMONT SERVICE CENTER Date: AQR 0 5 2306 
IN RE: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 10 1 (a)(lS)(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. 
EAC 04 0 12 53909 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner is an art studio that seeks to employ the beneficiary as a director of publicity. The petitioner 
endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to section 
IOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1101 (a)(lS)(H)(i)(b). The 
director denied the petition on the basis that the petitioner did not establish that the beneficiary is qualified to 
perform the services of the specialty occupation. The director requested evidence showing that the alien 
holds a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required 
by the occupation from an accredited college or university pursuant to 8 C.F.R. $ 214.2(h)(4)(iii)(C)(2). The 
petitioner did not submit such evidence. The director found that the evidence of record did not establish that 
the beneficiary is qualified to perform services in a specialty occupation. 
The petitioner submitted a timely Form I-290B on January 6,2004 and indicated that a brief and/or additional 
evidence was submitted with the Form I-290B. As of this date, 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. 
$ 103.3(a)(l)(v). 
In the appeal letter attached to the Form I-290B, the petitioner fails to specify how the director made any 
erroneous conclusion of law or statement of fact in deny~ng the petition. The petitioner states that it was 
enclosing the beneficiary's transcripts to establish that the beneficiary's qualifications are sufficient for the 
proffered position. The petitioner does not submit evidence showing that the alien holds a foreign degree 
determined to be equivalent to a United States baccalaureate or higher degree required by the occupation from 
an accredited college or university pursuant to 8 C.F.R. § 214.2(h)(4)(iii)(C)(2). 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. $ 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. $ 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.