dismissed H-1B

dismissed H-1B Case: Communications

📅 Date unknown 👤 Organization 📂 Communications

Decision Summary

The appeal was summarily dismissed because the petitioner failed to submit a brief, additional evidence, or any statement identifying a specific error of law or fact in the original decision. Per regulation 8 C.F.R. § 103.3(a)(l)(v), an appeal must be dismissed if the party does not specify the grounds for the appeal.

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact For Appeal

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF Q-V -G-C- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 8, 2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an athletic club, seeks to temporarily employ the Beneficiary as a "communication 
specialist" under the H-1B nonimmigrant classification. See Immigration and Nationality Act (the 
Act)§ 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, Vermont Service Center, 
denied the petition. The matter is now before us on appeal. The appeal will be summarily 
dismissed. 
The Petitioner submitted a Form I-1290B, Notice of Appeal or Motion, without a brief or evidence. 
Although the Petitioner marked Box 1(b) in Part 3 of the Form I-290B to indicate that a brief and/or 
additional evidence would be submitted within 30 days, we have received neither. Accordingly, the 
record will be considered complete as presently constituted. 
The regulation at 8 C.F.R. § 103.3(a)(l)(v) states, 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 oflaw or statement of fact for the appeal." 
The Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as 
a basis for the appeal. As noted, the Petitioner did not provide a brief or additional evidence in 
support of the appeal. Moreover, the Petitioner did not provide with its appeal a separate statement 
regarding the basis of the appeal, as instructed at Part 4 of the Form I-290B. Here, the Petitioner has 
made no reference or objection to the specific findings set forth in the Director's decision. 
Therefore, consistent with 8 C.F.R. § 103.3(a)(1)(v), the appeal will be summarily dismissed. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely 
with the Petitioner. Section 291 of the Act, 8 U.S.C. § 1361; Matter of 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 sustained that burden. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
Cite as Matter ofQ-V-G-C- LLC, ID# 16789 (AAO Feb. 8, 2016)

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.