dismissed H-1B Case: Information Technology

MATTER OF I-T-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 25, 2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software consulting firm, seeks to temporarily employ the Beneficiary as an "IT 
consultant" under the H -1 B nonimmigrant classification for specialty occupations. See Immigration 
and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). The H-1B 
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, denied the petition. The Director concluded that the 
Petitioner did not demonstrate that it had specialty occupation work available for the Beneficiary at 
the time of filing the petition and therefore, it did not establish that the proffered position qualifies as 
a specialty occupation. 
The matter is now before us on appeal. We will summarily dismiss the appeal. 
I. LAW 
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. ANALYSIS 
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. 
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. 
Matter of 1-T-, Inc. 
III. 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. As the Petitioner has not specifically identified an erroneous conclusion of 
law or a statement of fact in thisproceeding, the Petitioner has not met that burden. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
Cite as Matter o.f 1-T-, Inc., ID# 330032 (AAO Jan. 25, 2017) 
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