dismissed H-1B Case: Financial Analysis

ibntifjrlng data det&bd to 
prevent tic- rlv an wananted 
hvsiofi of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington. DC 20529 
FILE: WAC 04 058 50090 Office: CALIFORNIA SERVICE CENTER Date: JUL 2 6 2006 
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IN RE: Petitioner: 
Beneficiary 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section I Ol (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 10l(a)(l S)(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 ofice that originally decided your case. Any further inquiry must be made to that office. 
WAC 04 058 50090 
Page 2 
DISCUSSION: The service center director the denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarib dismissed. 
The petitioner is a travel agency that seeks to employ the beneficiary as a financial operations analyst and to 
classify him as a nonimmigrant worker in a specialty occupation pursuant to section 10l(a)(1 S)(H)(i)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the basis that the petitioner did not submit a valid labor condition 
application with the petition. 
Counsel submitted a timely Form I-290B Notice of Appeal and indicated that he would send a brief and/or 
additional evidence to the AAO within 30 days. The AAO did not receive a brief or any additionai evidence 
in this case. Therefore, the record is complete. 
An officer to whom an appeal is made shall summarily dismiss the appeal if the party concerned fails to 
specifically identi@ any erroneous conclusion of law or statement of fact in the original decision. 8 C.F.R. 
6 103.3(a)(l)(v). 
The Notice of Appeal simply states the following: 
This appeal has been submitted for an opportunitr to provide further proof that the applicant is 
employed for the purpose of performing financial analysis for his employer. The employer 
erroneously filed the original Form 1-129 extension for Visa H-1 and petitioner's organization 
chart, in which indicated the applicant's ONLY job duties were "customer service." In fact, the 
applicant performs financial analysis. Further proof will be submitted within 30 days of this 
appeal. 
Counsel did not specify any erroneous conclusion of law or statement of fact in the director's decision. As 
neither the petitioner nor counsel presents additional evidence on appeal to overcome the decision, the appeaI will 
be summarily dismissed in accordance with 8 C.F.R $ 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.