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 support their appeal. After filing the notice of appeal and stating that a brief or additional evidence would be submitted, the Petitioner did not provide any further documentation, thereby failing to identify a specific error of law or fact in the Director's decision.

Criteria Discussed

Summary Dismissal For Failure To Identify Error

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF T-S-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 7, 2017 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an IT consulting service, seeks to employ the Beneficiary under the H-1 B 
nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) 
section 10l(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). The H-IB 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 any erroneous conclusion of law or statement of fact for the appeal. 
8 C.P.R.§ 103.3(a)(1)(v). 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. § 1361. The Petitioner has not sustained that burden and the appeal will be summarily 
dismissed. · 
ORDER: The appeal is summarily dismissed pursuant to 8 C.P.R. § 1 03.3(a)(l )(v). 
Cite as Matter ofT-S-. LLC, ID# 318369 (AAO Apr. 7, 20 17)

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