dismissed H-1B

dismissed H-1B Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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