dismissed H-1B Case: Education

SEP 0If lfSDate:
u.S. Citizenship
and Immigration
Services
Office: CALIFORNIA SERVICE CENTERWAC 05 16652124
u.s.Department of Homeland Security
20 Mass Ave., N.W., Rm. 3000
Washington, DC 20529
FILE:
INRE:
PETITION:
Petitioner:
Beneficiary:
Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b)
ON BEHALF OF PETITIONER:
SELF-REPRESENTED
INSTRUCTIONS:
This 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. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
WAC 05 16652124
Page 2
DISCUSSION: The service center director revoked the approval of the nonimmigrant visa petition and the
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal shall be summarily
dismissed.
The petitioner is a licensed day care center that seeks to employ the beneficiary as an elementary school teacher.
The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant
to § 101(a)(l5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The
director denied the petition because the proffered position is not a specialty occupation.
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 1-290B, signed by the petitioner on May 19, 2006, the petitioner checked the block indicating that she
would be sending a brief and/or evidence to the AAO within 30 days. The AAO sent a fax to the petitioner on
July 30, 2007 informing it that no separate brief and/or evidence was received, to confirm whether or not she
had sent anything else in this matter, and as a courtesy, providing it with five days to respond. However, no
further documents have been received by the AAO to date.
On the Form 1-290B, the petitioner fails to specify how the director made any erroneous conclusion of law or
statement of fact in denying the petition. As the petitioner does not present additional evidence on appeal to
overcome the decision of the director, the appeal will be summarily dismissed in accordance with 8 C.F.R.
§ 103.3(a)(l)(v).
The burden of proof in this proceeding rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361.
The petitioner has not sustained that burden.
ORDER: The appeal is dismissed.