dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the notice of appeal. By not identifying any specific erroneous conclusion of law or statement of fact in the director's decision, the petitioner did not meet the procedural requirements for an appeal.
Criteria Discussed
Failure To Identify Specific Error Of Law Or Fact
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U.S. Citizenship and Immigration Services MATTER OF E-I-R- INC. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: JAN. 23,2017 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an information technology consulting service, seeks to employ the Beneficiary as a business 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. ยง 1101(a)(15)(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 ofhighly 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 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 any erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. ยง 103.3(a)(l)(v). The Petitioner did not submit a statement regarding the basis of the appeal upon tiling. On the Form I-290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence would be submitted within 30 days of filing. However, we have not received anything further from the Petitioner to date. Because the Petitioner has not identified any 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 solely with the Petitioner. Section 291 of the Act, 8 U.S.C. ยง 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. ยง 103.3(a)(l )(v). Cite as Matter ofE-1-R- Inc., ID# 311589 (AAO Jan. 23, 2017)
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