dismissed H-1B Case: Information Technology

MATTER OF A-T-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 26,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology consulting company, seeks to temporarily employ the 
Beneficiary as a "programmer analyst" under the H-1 B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 110l(a)(l5)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the 
specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director, Vermont Service Center, revoked the approval of the petition. The Director concluded 
that the Petitioner did not establish that (I) the proffered position qualifies as a specialty occupation 
in accordance with the applicable statutory and regulatory provisions, and (2) the Petitioner is a 
"United States employer" having an "employer-employee relationship" with the Beneficiary. 
The matter is now before us on appeal. We will summarily dismiss the appeal. 
I. LEGAL FRAMEWORK 
An officer will summarily dismiss an appeal when the Petitioner does not identify specifically any 
erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. § 103.3(a)(l)(v). 
II. DISCUSSION 
The Petitioner marked Box l(b) in Part 3 of the Form I-290B, Notice of Appeal or Motion, to 
indicate that a brief and/or additional evidence would be submitted within 30 days of filing the 
appeal. However, we did not receive a brief or additional evidence within the allotted timeframe. 
Moreover, the Petitioner did not provide a separate statement regarding the basis of the appeal, as 
instructed at Part 4 of the Form I-290B. Accordingly, the record is considered complete as presently 
constituted. 
Matter of A-T-, LLC 
Upon review of the appeal, we conclude that the Petitioner has not specifically identified any 
erroneous conclusion of law or statement of fact as a basis for the appeal. Further, the Petitioner has 
made no reference or objection to the specific findings set forth in the Director's decision. 1 
Ill. CONCLUSION 
The burden is on the Petitioner to show 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). Inasmuch as the 
Petitioner has not specifically identified an erroneous conclusion of law or a statement of fact in this 
proceeding, the Petitioner has not met that burden. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(1)(v). 
Cite as Matter of A-T-, LLC, ID# 18228 (AAO May 26, 20 16) 
1 U.S. Citizenship and Immigration Services (USCIS) records indicate that after the appeal was filed, another employer 
filed an H-1 B petition seeking nonimmigrant H-1 B classification on behalf of the Beneficiary. USCIS records further 
indicate that the other petition was approved. Because the Beneficiary of the instant petition has been approved for H-1 B 
employment with another employer, it appears that further pursuit of the matter at hand would be moot. 
2