dismissed H-1B Case: Export Management

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: LlN 04 091 51789 Office: NEBRASKA SERVICE CENTER Date: ZC' 6 3 - -" 
IN RE: Petitioner: 
Beneficiary 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(a)(l S)(H)(i)(b) 
I 
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 
LIN 04 091 51789 
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 shall be summarily dismissed. 
The petitioner is a vintage clothing exporter that seeks to employ the beneficiary as a part-time export manager. 
The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant 
to § 10 l(a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 101(a)(l S)(H)(i)(b). The 
director denied the petition on the basis that the proffered position did not meet the definition of a specialty 
. occupation. 
Counsel submitted a timely Form I-290B on June 17, 2004, and indicated that a brief and/or 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 co~nclusion of law or statement of fact for the appeal. 8 C.F.R. 
§ 103.3(a)(l)(v). 
On the Form I-290B, counsel fails to specify how the director made any erroneous conclusion of law or statement 
of fact in denying the petition. As neither the petitioner nor counsel presents 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.