dismissed
H-1B
dismissed H-1B Case: Budget Analysis
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner stated an intent to submit a supporting brief within 30 days but failed to do so, and did not specifically identify any erroneous conclusion of law or statement of fact in the original denial as required.
Criteria Discussed
Failure To State Grounds For Appeal (8 C.F.R. ยง 103.3(A)(1)(V))
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MATTER OF C-8-G- LLC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: MAY 4, 2016 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a vehicle parts wholesaler, seeks to temporarily employ the Beneficiary as a '"budget analyst" under the H-18 nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 1101(a)(l5)(H)(i)(b). The H-18 program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that requires both (a) the theoretical and practical application of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. The Director, Vermont Service Center, denied the petitiOn. The Director concluded that the evidence of record did not establish that the proffered position qualifies as a specialty occupation. The matter is now before us on appeal. The appeal will be summarily dismissed. I. LEGAL FRAMEWORK An officer will summarily dismiss an appeal when the Petitioner docs not identify specifically any erroneous conclusion oflaw or statement of fact for the appeal. 8 C.P.R. ยง 1 03.3(a)(l )(v) II. DISCUSSION In a letter submitted with the appeal, the Petitioner stated that '"[a] brief in support of the Appeal will be submitted within 30 days of initial filing of the Appeal." However, we did receive a brief or additional evidence within the allotted timeframe. Moreover, the Petitioner did not provide a separate statement regarding the basis of the appeaL as instructed at Part 4 of the Fonn I-2908. Accordingly, the record is considered complete as presently constituted. Upon review of the appeal, we conclude that the Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as a basis for the appeal. Further, the Petitioner has made no reference or objection to the specific findings set forth in the Director's decision. Matter ofC-B-G- LLC III. CONCLUSION The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. ยง 1361; Matter (~l Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Inasmuch as the Petitioner has not specifically identified an erroneous conclusion of law or a statement of fact in this proceeding, the Petitioner has not met that burden. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). Cite as Matter ofC-B-G- LLC, ID# 17630 (AAO May 4, 2016) 2
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