dismissed H-1B

dismissed H-1B Case: Computer Science

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Computer Science

Decision Summary

The appeal was summarily dismissed on procedural grounds. The Petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the original denial, as required by 8 C.F.R. ยง 103.3(a)(l)(v).

Criteria Discussed

Specialty Occupation Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact

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U.S. Citizenship 
and Immigration 
Services 
In Re: 5599324 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 21, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "Java developer" under the H-lB 
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)(15)(H)(i)(b). The H-lB 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 of the California Service Center denied the petition , concluding that the evidence of 
record does not establish that the proffered position qualifies as a specialty occupation . 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. ยง 1361; Matter ofSkirball Cultural Ctr., 25 I&NDec . 799, 806 (AAO 
2012). Upon de nova review , we will summarily dismiss the appeal. 
An officer will summarily dismiss an appeal when the Petitioner does not identify specifically any 
erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R . ยง 103.3(a)(l)(v). 
The Petitioner marked Box I.a. in Part 2 of the Form I-290B , Notice of Appeal or Motion , to indicate 
that a brief and/or additional evidence is attached. Upon review of the appeal , we conclude that the 
Petitioner did not identify specifically any erroneous conclusion of law or statement of fact in the 
unfavorable decision , but only provided an end-client letter, a vendor letter , an agreement , and a work 
order. Therefore , consistent with 8 C.F.R. ยง 103.3(a)(l)(v) , we will summarily dismiss the appeal. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). 
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