dismissed H-1B

dismissed H-1B Case: Computer Technology

📅 Date unknown 👤 Company 📂 Computer Technology

Decision Summary

The appeal was summarily dismissed for procedural reasons. The petitioner stated they would submit a brief or additional evidence but failed to do so, thus not identifying any specific erroneous conclusion of law or statement of fact in the original decision as required by regulation.

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact

View Full Decision Text

MATTER OF A-T- INC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 23,2017 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a computer technology outsourcing company, seeks to employ the Beneficiary as an 
oracle database administrator under the H -1 B nonimmigrant classification for specialty occupations. 
See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(l5)(H)(i)(b). The Director, 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 any erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R. § 103.3(a)(l)(v). 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 filing. However, we have 
not received anything further from the Petitioner to date. Because the Petitioner has not identified 
any specific, erroneous conclusion of law or statement of fact in the Director's decision below, the 
appeal must be summarily dismissed. 
The burden of proof in these proceedings rests solely with the Petitioner. Section 291 of the Act, 
8 U:S.C. § 1361. The Petitioner has not sustained that burden and the appeal will be summarily 
dismissed. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 1 03.3(a)(l )(v). 
Cite as Matter of A-T- INC, ID# 287111 (AAO Jan. 23, 2017)

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