dismissed H-1B Case: Food Import/Export

1d-data-h 
prevent clearly ~~ted 
hMsion of persooal privary 
P'UBLIC COPY 
U.S. Department of Home1:and Security 
20 Massachusetts Ave. N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: EAC 04 01 9 5 1239 Office: VERMONT SERVICE CENTER Date: a:T 0 4 2005 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(H)(i)(b) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 101(a)(l5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
This is the decision of the Administrative Appeals Office in your case. All documents have been retuirned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 04 019 51239 
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 corporation engaged in importing and exporting food products. In order to e:mploy the 
beneficiary as an operations manager, the petitioner endeavors to classify the beneficiary as a nonimmigrant 
worker in a specialty occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality 
Act, 8 U.S.C. 9 1 lOl(a)(lS)(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. 9 214.2(h)(4)(iii)(A). 
On May 25, 2004, 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 a brief 
andlor evidence would be submitted within 30 days, the AAO had received neither. In a September 2, 2005 
facsimile message to the AAO, transmitted in reply to an AAO facsimile message of September 1, 2005 that 
notified counsel of a 5-day period in which to submit a copy of the brief or evidence, counsel stated that he 
had not filed either. Accordingly, 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. 
9 103.3(a)(l)(v). 
The only information that the petitioner submits about the basis of the appeal is ths statement at section 3 of the 
Form I-290B: 
Improper application of the law and regulations to the documentation and information provided. 
We respectfully request that [the] Appeal Unit reconsider the Department's decision in this 
matter in light of the evidence submitted in support of this petition. 
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)(I)(v). 
The burden of proof in this proceeding rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 9 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.