dismissed H-1B

dismissed H-1B Case: Education

📅 Date unknown 👤 Organization 📂 Education

Decision Summary

The appeal was summarily dismissed because the petitioner failed to identify any specific, erroneous conclusion of law or statement of fact in the director's decision as required. Although the petitioner stated on the appeal form that a brief would be submitted, none was received.

Criteria Discussed

Summary Dismissal For Failure To State Basis Of Appeal

View Full Decision Text

MATTER OF H-P-S-D-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 9, 2016 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a public school district, seeks to employ the Beneficiary to teach English as second 
language. See Immigration and Nationality Act (the Act) section IOI(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(l5)(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, Vermont 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 any erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R. § 103.3(a)(l)(v). 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 filing. However, we have 
not received anything further from the Petitioner to date. Because the Petitioner has not identified 
any specific, erroneous conclusion of law or statement of fact in the Director's decision below, the 
appeal must be summarily dismissed. 
The burden of proof in these proceedings rests solely with the Petitioner. Section 291 of the Act, 
8 U.S.C. § 1361. The Petitioner has not satisfied that burden and the appeal will be summarily 
dismissed. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § I 03.3(a)(l)(v). 
/ 
Cite as Matter ofH-P-S-D-, ID# 258410 (AAO Dec. 9, 2016)

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