dismissed H-1B

dismissed H-1B Case: Cultural Exchange

๐Ÿ“… Date unknown ๐Ÿ‘ค Organization ๐Ÿ“‚ 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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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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