dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Decision Summary

The appeal was summarily dismissed because the Petitioner failed to identify a specific erroneous conclusion of law or statement of fact in the initial decision, as required by 8 C.F.R. § 103.3(a)(1)(v). The Petitioner did not submit a brief or any evidence in support of the appeal.

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Fact

View Full Decision Text

MATTER OF C-S-C- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 5, 2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology statling and 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 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 of the Vermont Service Center denied the petition. The matter is now before us on 
appeal. Upon review, we will summarily dismiss the appeal. 
An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned 
fails to identify specifically an erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R. § 103.3(a)(1)(v). 
The Petitioner did not provide a statement in support of the appeal that specifically identifies an 
erroneous conclusion of law or fact in the decision being appealed. On the Form I-290B, Notice of 
Appeal or Motion, the Petitioner stated that no brief or additional evidence will be submitted. We 
have not received a brief or additional evidence from the Petitioner. Because the Petitioner has not 
identified a specific, erroneous conclusion of law or statement of fact in the Director's decision 
below, the appeal must be summarily dismissed. 
The burden of proof in these proceedings rests with the Petitioner. Section 291 of the Act, 
8 U.S.C. § 1361. .The Petitioner has not satisfied that burden and the appeal will be summarily 
dismissed. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 1 03.3(a)(l )(v). 
Cite as Matter ofC-S-C- LLC, ID# 315990 (AAO Apr. 5, 2017)

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.