dismissed H-1B Case: Culinary Arts

(b)(6)
DATE: MAR 2 0 20i5 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W .. MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
OFFICE: VERMONT SERVICE CENTER FILE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section l 0 l (a)( IS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § II Ol(a)(IS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law· nor establish 
agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law 
or policy to your case or if you seek to present new facts for consideration, you may file a motion to 
reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or 
Motion (Form I-2908 ) within 33 days of the date of this decision. Please review the Form I-290B 
instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and 
other requirements. See also 8 C.F.R. § 1 03.5. Do not file a motion directly with the AAO. 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Vermont service center director denied the nonimmigrant visa petition. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
summarily dismissed. 
The petitioner submitted a Petition for a Nonimmigrant Worker (Form I-129) to the Vermont 
Service Center on October 9, 2013. On the Form I-129 visa petition, the petitioner describes 
itself as a restaurant with 58 employees, established in In order to employ the beneficiary 
in what it designates as a head chef position, the petitioner seeks to classify him as a 
nonimmigrant worker in a specialty occupation pursuant to section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(H)(i)(b). 
On June 23, 2014, the director denied the petition, concluding that the petitioner did not establish 
that: (1) the beneficiary maintained a valid H-1B nonimmigrant status at the time of filing the 
instant petition; (2) the proffered position qualifies as a specialty occupation in accordance with 
the applicable statutory and regulatory provisions; and (3) the beneficiary is qualified for a specialty 
occupation. 
On July 25, 2014, the petitioner submitted the Form I-290B (Notice of Appeal or Motion). On 
the Form I-290B, Part 3, the petitioner checked Box 1 b, to ind icate that a brief and/or additional 
evidence will be submitted within 30 calendar days of filing the appeal. However, we never 
received the brief and/or additional evidence in support of the appeal. Thus, the record is 
complete as currently constituted. 
With the Form I-290B, the petitioner submitted a letter dated July 22, 2014, which states the 
following, in part: 
Please accept this G-28 and I-290B on behalf of [the petitioner] and its 
beneficiary, [name]. The brief and/or additional evidence will be submitted to the 
AAO within 30 calendar days of filing this appeal. 
We find that the petitioner did not identify specifically how the director made any erroneous 
conclusion of law or statement of fact in denying the petition. The regulation at 8 C.F.R. 
§ 103.3(a)(1)(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." Therefore, the appeal will be summarily 
dismissed in accordance with 8 C.F.R. § 103.3(a)(l)(v). 
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; Afatter ofOtiende, 26 I&N 
Dec. 127, 128 (BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed.