dismissed H-1B Case: Computer Consulting

(b)(6)
DATE: JUL 0 8 2015 
IN RE: Petitioner: 
Beneficiary: 
PETITION RECEIPT #: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
NO REPRESENTATIVE OF RECORD 
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.P.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. 
Ron Rosenberg 
hief, Administrative Appeals Office 
REV 3/ZOIS www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied 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 computer 
consulting and technical training business established in In order to employ the beneficiary, the 
petitioner seeks to classify her as a nonimmigrant worker in a specialty occupation pursuant to section 
10l(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). 
The Director denied the petition, noting there were a number of discrepancies in the record of 
proceeding, and concluding that the petitioner did not submit a Labor Condition Application that 
corresponds to the petition. The petitioner submitted a Notice of Appeal or Motion (Form I-290B) and 
checked Box a in Part 3 of the form to indicate that it was filing an appeal and that a brief and/or 
additional evidence was attached. 
We fully and in-detail reviewed the submission, including the Form I-290B and the petitioner's written 
statement. However, the petitioner did not specifically identify any erroneous conclusion of law or 
statement of fact for the appeal. Rather, the petitioner acknowledges the discrepancies and its errors.1 
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 of law or statement of fact for the appeal." In the instant case, the petitioner did 
not specifically identify an erroneous conclusion of law or a statement of fact as a basis for the appeal 
and, therefore, the appeal must be summarily dismissed. 
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 ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed. 
1 USCIS regulations affirmatively require a petitioner to establish eligibility for the benefit it is seeking at the 
time the petition is filed. See 8 C.F.R. 103.2(b)(l) . A petitioner may not make material changes to a petition 
in an effort to make a deficient petition conform to U.S. Citizenship and Immigration (USCIS) requirements. 
See Matter of Izummi, 22 I&N Dec. 169, 176 (Assoc. Comm'r 1998). In accordance with the governing 
statutory and regulatory requirements (including the applicable H-1B cap provisions), the petitioner may file a 
new petition, with a corresponding LCA and the appropriate fee, for USCIS to consider.