dismissed H-1B Case: Healthcare

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PUBLIC con* 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: WAC 03 2 14 5430 1 Office: CALIFORNIA SERVICE CENTER Date: 1 3 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 1 Ol(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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
I 
WAC 03 214 54301 
Page 2 
DISCUSSION: The service center director denied the nonimrnigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal shall be summarily dismissed. 
The petitioner is a health care professional recruitment and staffing business that seeks to employ the 
beneficiary as a mental health activities director. 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 and the petitioner has not complied with the terms of the labor 
condition application. 
On appeal, counsel submitted a statement and indicated that a brief andlor additional evidence would be 
submitted to the AAO within 30 days. As of this 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, counsel expresses disagreement with the director's decision but 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. $ 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.