dismissed H-1B Case: Information Technology

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u.s. Department of Homeland Security
20 Mass Ave., N.W., Rm. 3000
.Washington, DC 20529
u.s.Citizenship
and Immigration
Services
FILE: WAC 06 024 51198 Office: CALIFORNIA SERVICE CENTER Date: SEP 0'I 2001
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(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
Administrative Appeals Office
www.uscis.gov
WAC 06 02451198
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 shall be summarily dismissed.
The petitioner is an information technology consulting and development services business that seeks to employ
the beneficiary as a programmer II. The petitioner endeavors to classify the beneficiary as a nonimmigrant worker
in a specialty occupation pursuant to § 101(a)(l5)(H)(i)(b) of the Immigration and Nationality Act (the Act),
8 U.S.C. § 1101(a)(l5)(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 and conditions of the labor condition
application.
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 I-290B, signed by counsel on July II, 2006, counsel checked the block indicating that he would be
sending a brief and/or evidence to the AAO within 30 days. The AAO sent a fax to counsel on July 30, 2007
informing him that no separate brief and/or evidence was received, to confirm whether or not he had sent
anything else in this matter, and as a courtesy, providing him with five days to respond. However, no further
documents have been received by the AAO to date.
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 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. § 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.