dismissed
H-1B
dismissed H-1B Case: Event Management
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact for the appeal. After indicating that a brief or additional evidence would be submitted, the petitioner failed to provide any, leaving the record incomplete.
Criteria Discussed
Specialty Occupation Beneficiary Qualifications
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rrn. A3042 Washington, DC 20529 U. S. Citizenship and Immigration FILE: WAC 04 057 52930 Office: CALIFORNIA SERVICE CENTER Date: JAN 1 3 2086 IN RE: Petitioner: Beneficiary: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(lS)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. 3 1 10 1 (a)(lS)(H)(i)(b) ON BEHALF OF PETITIONER: 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, Director Administrative Appeals Office WAC 04 057 52930 Page 2 DISCUSSION: The service center director denied the nonimrnigrant 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 tent rental business that seeks to employ the beneficiary as an events manager. The petitioner endeavors to classify the beneficiary as a nonimrnigrant worker in a specialty occupation pursuant to 8 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1 10 l(a)(l S)(H)(i)(b). The director denied the petition because the proffered position is not a specialty occupation and the beneficiary is not qualified to perform a specialty occupation. On appeal, counsel submitted a statement and indicated that a brief andlor additional evidence would be submitted to the AAO within 30 days. As of this date, however, the AAO has not received any additional evidence into the record. Therefore, the record is complete. 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, counsel expresses disagreement with the director's decision but 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. 5 103.3(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.
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