dismissed H-1B Case: Gems & Jewelry

(b)(6)
DATE: JUN 1 7 2015 
IN RE: Petitioner: 
Beneficiary: 
PETITION RECEIPT#: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section I 0 I (a)( 15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § IIOI(a)(IS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
Enclosed is the 
non-precedent decision ofthe Administrative Appeals Office (AAO) for your case. 
If you believe we incorrectly decided your case, you may file a motion requesting us to reconsider our 
decision and/or reopen the proceeding. The requirements for motions are located at 8 C.F.R. § 103.5. 
Motions must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this 
decision. The Form 1-2908 web page (www.uscis.gov/i-290b) contains the latest information on fee, filing 
location, and other requirements. Please do not mail any motions directly to the AAO. 
Ron Rosenberg 
Chief, Administrative Appeals Office 
REV 3/2015 www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, California Service Center, denied the petition. The matter is now 
before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. 
On the Petition for a Nonimmigrant Worker (Form I-129) , the petitioner describes itself as a 
four-employee "Gems & Jewelry" business established in In order to employ the beneficiary 
in what it designates as a part-time "Business Analyst" position, the petitioner seeks to classify him 
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, finding that (1) the Labor Condition Application was certified by 
the Department of Labor after the date of filing the Form I-129, and (2) the evidence of record did 
not establish the availability of specialty occupation work as a business analyst at the time the 
petition was filed . The petitioner then filed the instant Notice of Appeal or Motion (Form I-290B). 
On the Form I-290B, the petitioner indicated that it would submit a brief and/or additional evidence 
to this office within 30 days. The petitioner did not attach a separate statement or any supporting 
documentation with the Form I-290B. As of the date of this notice , no brief and/or additional 
evidence has been received . 
The regulations at 8 C.F.R . § 103.3(a)(l)(v) state, in pertinent part: 
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. 
Upon review , the petitioner has failed to specifically identify any erroneous conclusion of law or 
statement as a basis for the appeal. As noted, the petitioner did not provide a brief or additional 
evidence in support of the appeal despite indicating on the Form I-290B that it would do so within 
30 days of filing the appeal. Moreover , the petitioner did not provide with its appeal a separate 
statement regarding the basis of the appeal , as instructed at Part 4 o f the Form I-290B. A petitioner 
filing an appeal is required to provide a statement that specifically identifies an erroneous conclusion 
of law or fact in the decision being appealed. Here , the petitioner has made no reference or objection 
to the specific findings set forth in the Director's decision. Therefore, consistent with 8 C.F.R. § 
103.3(a)(l)(v) , the appeal will be summarily dismissed. 
In visa petition proceedings , it is the petitioner's burden to establish eligibility for the immigration 
benefit sought . Section 291 of the Act , 8 U.S.C. § 1361; Matter ofOtiende , 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed.