dismissed H-1B Case: Food Service Management

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: SRC 05 063 52669 Office: TEXAS SERVICE CENTER Date: JUM 0 1 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 101 (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 office that originally decided your case. Any further inquiry must be made to that office. 
ydrninistrative Appeals Office 
SRC 05 063 52669 
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 restaurant. It seeks to employ the beneficiary as a food service and purchasing manager, and 
endeavors to classify him as a nonimmigrant worker in a specialty occupation pursuant to section 
101 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 101 (a)(l S)O(i)(b). 
As stated in 8 C.F.R. 5 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to 
identify specifically any erroneous conclusion of law or statement of fact for the appeal. The director determined 
that the proffered position was not a specialty occupation. Accordingly, the petition was denied. 
On appeal, counsel states on the Form I-290B notice of appeal that the proffered position is a specialty 
occupation, and indicates that a brief would be filed within 30 days supporting the appeal. To date, no brief has 
been filed and the record is deemed complete. Counsel did not specifically identify any erroneous conclusion of 
law or statement of fact upon which the appeal is based. The appellant must do more than simply ask for an 
appeal. It must clearly demonstrate the basis for the appeal. This, the appellant has failed to do. As such, the 
appeal must be dismissed. 
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.