dismissed H-1B Case: Finance And Logistics

IPUR5TC COPY 
U.S. Department of Homeland Security 
20 Massachusetts Ave. N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 04 199 50880 Office: CALIFORNIA SERVICE CENTER Date: JUL 1 1 2006 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonirnmigrant Worker Pursuant to Section 101 (a)(H)(i)(b) of the Immigration 
and Nationality Act, 8 U.S.C. 5 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, Chief 
Administrative Appeals Office 
WAC 04 199 50880 
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 will be summarily dismissed. 
The petitioner is a corporation that provides money remittance and freight forwarding services. In order to 
employ the beneficiary in a position that the petitioner designated as Market Intelligence and Sales Manager, 
the petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant 
to section 101 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. Ej 1 101 (a)(l S)(H)(i)(b). 
The director denied the petition on the basis that the petitioner had failed to establish that the proffered 
position meets the definition of a specialty occupation as set forth at 8 C.F.R. Ej 214.2(h)(4)(iii)(A). 
On January 4, 2005, counsel submitted a Form I-290B (Notice of Appeal) without a brief or evidence. 
Although counsel entered a check mark at the box at section 2 of the Form I-290B which indicates that 
counsel would send a brief and/or evidence within 30 days, the AAO has received neither. In a facsimile 
message transmitted on June 19, 2006 in reply to an AAO facsimile message regarding the absence of the 
aforesaid appellate material, counsel stated that a brief and/or evidence had not been submitted into the 
record. 
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. 
Ej 103.3(a)(l)(v). 
The only information about the basis of the appeal is the statement, at section 3 of the Form I-290-B, which reads, 
verbatim: 
Evidence on record sufficiently shows that the position is a specialty occupation. 
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. Ej 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. Ej 1361. 
The petitioner has not sustained that burden. 
ORDER. 
 The appeal is dismissed. The petition is denied.