dismissed H-1B Case: Business

(b)(6)
DATE: JUL 1 6 Z015 
IN RE: Petitioner: 
Beneficiary: 
u.s . .Department of Homeland s(,Curity 
U.S. Citizenship and Immigration Service 
Administrative Appeals Office 
20 Massachusetts Ave., N. W ., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION RECEIPT #: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(H)(15)(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 requirements 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, 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Vermont Service Center, initially approved the nonimmigrant visa 
petition. Upon subsequent review of the record, the Director issued a notice of intent to revoke, and 
ultimately revoked the approval of the petition. The matter is now before the Administrative 
Appeals Office on appeal. The appeal will be summarily dismissed. 
On the Petition for a Nonimmigrant Worker (Form I-129), the petitioner describes itself as a 
6-employee "Authorized Cell Phone Dealer" established in In order to continue to employ 
the beneficiary in a position it designates as a part-time "Financial Manager," the petitioner seeks to 
classify him as a nonimmigrant worker m 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 revoked the approval of the petition determining that the petitioner had violated the terms 
and conditions of the approved petition. More specifically, the Director determined that: (1) the 
beneficiary was performing non-qualifying duties; and (2) it could not be verified that the beneficiary 
was earning wages consistent with the terms and conditions of the petition. 
On appeal , the petitioner requests that it be considered for favorable discretion as it has shown 
recognition of its "wrongdoing," "poor judgment," and "remorse in [its] admission of fault." 
The regulations at 8 C.F.R. § 103.3(a)(1)(v) state, 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. 
Upon review , the petitioner has failed to specifically identify any erroneous conclusion of law or 
statement of fact as a basis for the appeal. The petitioner's appeal makes no objection to the specific 
findings set forth in the Director's decision. Rather, the petitioner concedes that it has violated the 
scope of the beneficiary's H-1B employment and requests forgiveness. Consistent with 8 C.F.R. 
§ 103.3(a)(1)(v), the appeal will be summarily dismissed. 1 
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. 
1 
With respect to the petitioner's request for "another chance," we note that the denial of the instant appeal 
would not prohibit the petitioner from submitting a new H-lB petition, with the appropriate fee(s) and a valid 
LCA, in accordance with the applicable statutory and regulatory provisions , for U.S. Citizenship and 
Immigration Services to consider.