dismissed
H-1B
dismissed H-1B Case: Cultural Exchange
Decision Summary
The appeal was summarily dismissed because the petitioner failed to provide a brief or identify any specific error of law or fact in the director's decision. The petitioner stated they would file a brief within 30 days but never did, thus failing to meet the burden of proof or demonstrate a basis for the appeal.
Criteria Discussed
Specialty Occupation Failure To State Basis For Appeal
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identifying data &leted to pevent clearly unwarranted inmim of penonal prkacr PIJBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 FILE: SRC 04 207 50241 Office: TEXAS SERVICE CENTER Date: Jut 1 4 2C96 - Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(l S)(H)(i)(b) ON BEHALF OF PETITIONER: INSTRUCTIONS : Thls 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. Wiernann, Chief Administrative Appeals Office SRC 04 207 50241 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 offers cross cultural learning opportunities for international volunteers. It seeks to employ the beneficiary as an international coordinator, and endeavors to classify him as a nonimmigrant worker in a specialty occupation pursuant to section 101 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1 10 1 (a>( 15)(H)(i)(b). As stated in 8 C.F.R. 4 103.3(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 director 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 8,2004. 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, except to indicate on its notice of appeal that the adjudicator did not correctly adjudicate the claim. The petitioner did not specifically identify 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. Ths, 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. 4 1361. The petitioner has not sustained that burden. ORDER: The appeal is dismissed.
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