dismissed H-1B

dismissed H-1B Case: Budget Analysis

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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) 
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