dismissed H-1B Case: Fine Art Gallery

identifying data deleted to 
prevent clearly unwarranted 
indm of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LIN 04 191 51206 Office: NEBRASKA SERVICE CENTER Date: AUG 0 ? 1006 
IN RE: 
PETITION: Petition for a Nonirnmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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 Wher inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
LIN 04 191 51206 
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 dismissed. The petition will be denied. 
The petitioner is a fine art gallery that seeks to employ the beneficiary as an operations manager. The 
petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant 
to 5 lOl(a)(lS)(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 because the proffered position is not a specialty occupation. On appeal, the 
petitioner submitted a statement and indicated that a brief andlor additional evidence would be submitted to the 
AAO within 30 days. As of thts 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. 5 103.3(a)(l)(v). 
On the Form I-290B, the petitioner 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. ;5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.