dismissed
H-1B
dismissed H-1B Case: Business Analysis
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's decision. Although the petitioner stated that a brief would be submitted within 30 days, nothing further was received.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Fact (8 C.F.R. Β§ 103.3(A)(1)(V))
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. MATTER OF S-T- INC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: JUNE 1, 2017 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKE R The Petitioner, a trucking company, seeks to temporarily employ the Beneficiary as a part-time "business analyst" under the H-IB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. Β§ 1101(a)(15)(H)(i)(b). The H-1B 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 Β·degree in the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. After initially approving the petition, the Director of the Vermont Service Center issued a notice of intent to revoke (NOIR). The Director revoked the approval of the petition finding that the Petitioner did not respond to the NOIR. The Petitioner filed a combined motion to reopen and reconsider, asserting that it submitted a response to the NOIR. The Director revoked the approval of the petition on additional grounds. The matter is now before us on appeal. Upon review, we will summarily dismiss the appeal. An officer will summarily dismiss an appeal when the Petitioner does not identify specifically any erroneous conclusion oflaw or statement of fact for the appeal. 8 C.F.R. Β§ 103.3(a)(l)(v). On appeal , the Petitioner did not provide a statement in support of the appeal that specifically identifies an erroneous conclusion of law or fact in the decision. On the Form I-290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence would be submitted within 30 days of filing. However, we have not received anything further from the Petitioner to date regarding this appeal. 1 Because the Petitioner has not identified any specific, erroneous conclusion of law or statement of fact in the Director's decision below, the appeal must be dismissed. 1 The Petitioner filed another appeal 1 in connection with the Director's decision on its motion, and submitted a brief. We will issue a decision for that appeal simultaneously to address the Petitioner ' s argument regarding the Director's revocation . Matter of S-T- Inc ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. Β§ 103.3(a)(1)(v). Cite as Matter ofS-T- Inc, ID# 343711 (AAO June 1, 2017) 2
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