dismissed
H-1B
dismissed H-1B Case: Finance
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision. Additionally, the petitioner did not submit a promised brief or any additional evidence to the AAO.
Criteria Discussed
Specialty Occupation
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
US. Department of Homeland Security 20MassAve.,N.W.,Rm. A3042 Wash~ngton, DC 20529 U. S. Citizenship and Immigration Services PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. 4 1 lOl(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 LIN 04 266 53250 Page 2 DISCUSSION: The director of the service center denied the nonirnrnigrant 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 non-profit organization that provides consulting, brokerage, and financial services for the public broadcast industry. It seeks to employ the beneficiary as a financial analyst. The director denied the petition on the basis that the proffered position did not meet the definition of a specialty occupation. The petitioner submitted a timely Form I-290B on December 2, 2004 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. tj 103.3(a)(l)(v). On the Form I-290B, the petitioner states that the director erred in finding that the proposed duties were not so specialized and complex as to require a bachelor's degree; that experience in the radio industry, rather than a bachelor's degree in business administration or a related field, is the minimum requirement for the offered position; and that the petitioner needed to show that it had required services of a financial analyst in the past. The petitioner Mher sates that the director failed to adequately consider the supporting evidence. The AAO finds that the petitioner's assertions are general in nature and fail to identify specifically the director's erroneous conclusions of law or statements of fact in denying the petition on the ground that the offered position fails to qualify as a specialty occupation. 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. tj 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. tj 1361. The petitioner has not sustained that burden. ORDER: The appeal is dismissed.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.