dismissed
H-1B
dismissed H-1B Case: Computer Support
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the original decision and did not submit a brief or additional information to support the appeal after being granted an extension.
Criteria Discussed
Specialty Occupation Procedural Requirements For Appeal
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identifying data delm b prevent clearly unw-ted invasion of personal pri~y U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U. S. Citizenship and Immigration FILE: EAC 04 260 5 1397 Office: VERMONT SERVICE CENTER Date: &I1 1 4 2006 PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section 101 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. $ 1 101 (a)(l 5)(H)(i)(b) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. Robert P. Wiemann, Chief Administrative Appeals Office EAC 04 260 5 1397 Page 2 DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner is an investment corporation offering mortgage banking and brokerage services. It seeks to employ the beneficiary as a computer support specialist, and endeavors to classify him as a nonimmigrant worker in a specialty occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 lOl(a)(l5)(H)(i)(b). As stated in 8 C.F.R. ยง 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. The dwector determined that the proffered position is not a specialty occupation. Accordingly, the petition was denied. On appeal, counsel for the petitioner states that he will file a brief andlor additional information within 30 days in support of the appeal. The appeal was filed on December 30,2004. On January 23,2005, counsel requested an additional 45 days in which to file a brief. That request was granted by the AAO and counsel was given until March 15,2005 to file a brief. To date, no brief or additional information has been filed. The record is, therefore, deemed complete. The petitioner has failed to state any basis for its appeal and has not specifically identified any erroneous conclusion of law or statement of fact upon which the appeal is based. The appellant must do more than simply ask for an appeal. It must clearly demonstrate the basis for the appeal. This, the appellant has failed to do. As such, the appeal must be dismissed. The burden of proof in this proceeding rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 9 1361. The petitioner has not sustained that burden. ORDER: The appeal is dismissed.
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