dismissed H-1B

dismissed H-1B Case: Culinary Arts

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Culinary Arts

Decision Summary

The appeal was summarily dismissed on procedural grounds. The Petitioner stated they would submit a brief or additional evidence within 30 days but failed to do so, thus failing to identify a specific erroneous conclusion of law or statement of fact in the Director's decision.

Criteria Discussed

8 C.F.R. ยง 103.3(A)(1)(V) (Failure To Identify Error)

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-M-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 5, 2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a hotel and resort service company, seeks to extend the Beneficiary's temporary 
employment as a "head chef' 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-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 Nebraska 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 an erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R. ยง 103.3(a)(l)(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 November 14, 2016, 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.F.R. ยง 103.3(a)(l)(v). 
Cite as Matter ofG-M-, Inc., ID# 447294 (AAO July 5, 2017) 
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