dismissed H-1B Case: Food Service Management

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U.S. Department of Homeland Security
20 Mas sachusetts Ave . NW, Rm. 3000
Washin gton, DC 20529
U.S. Citizenship
and Immigration
Services
PUBLJCCOPY
SEP 1 S 2001
FILE: WAC 06 154 50205 Office: CALIFORNIA SERVICE CENTER Date:
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOI(a)(15)(H)(i)(b) of the
Immigration and Nationality Act , 8 U.S.c. § 1101(a)(l5)(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
Admini strative Appeals Office
www.uscis.gov
WAC 06 154 50205
Page 2
DISCUSSION: The Director, California Service Center, 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 restaurant business that seeks to employ the beneficiary as a food production manager.
The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant
to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1101
(a)(15)(H)(i)(b). The director denied the petition on the basis that the proffered position did not meet the
definition of a specialty occupation.
Counsel submitted a timely Form I-290B on November 28, 2006 and indicated that a brief and/or additional
evidence would be submitted to the AAO within 30 days. On September 6, 2007, the AAO sent counsel a
facsimile regarding the absence of the aforesaid appellate material. As of this date, however, the AAO has
not received a response from counselor 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.
§ 103.3(a)(1)(v).
On the Form I-290B, 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.
§ 103.3(a)(1)(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.