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 because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petitioner did not identify a specific, erroneous conclusion of law or statement of fact in the Director's decision, which is grounds for a summary dismissal.

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Fact

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MATTER OF S-S-USA, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 5, 2017 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a technology and service company, seeks to temporarily employ the Beneficiary as a 
computer programmer under the H-1B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 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 degree in the specific specialty (or its 
equivalent) as a minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the petition. The matter is now before us on 
appeal. Upon review, we will summarily dismiss the appeal. 
An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned 
fails to identify specifically ah erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R. ยง 103.3(a)(1)(v). 
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 being appealed. 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 the February 8, 2017, filing date. However, we have not received anything further from 
the Petitioner to date. Because the Petitioner has not identified a specific, erroneous conclusion of 
law or statement of fact in the Director's decision below, the appeal must be summarily dismissed. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.P.R.ยง 103.3(a)(l)(v). 
Cite as Matter ofS-S-USA, LLC, ID# 488264 (AAO July 5, 2017) 
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