dismissed H-1B

dismissed H-1B Case: Event Management

📅 Date unknown 👤 Company 📂 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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View Full Decision Text
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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