dismissed H-1B Case: International Trade

U.S. Department of Homeland Security
20 Massachusetts Avenue NW, Room 3000
Washington, DC 20529
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u.S.Citizenship
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Services
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Date:
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Office: VERMONT SERVICE CENTEREAC 0520050976
PUBLICCOPy
FILE:
INRE: Petitioner:
Beneficiary
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 1101 (a)(15)(H)(i)(b)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
This is the decision of the Administrative Appeals Office in your case. All documents have been returned
to the office that originally decided your case. Any further inquiry must be made to that office.
l:::~/r'
Administrative Appeals Office
EAC 0520050976
Page 2
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter is
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed.
The petitioner is engaged in the export, import , and local sale of silk. It seeks to employ the beneficiary
as a management analyst. The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant
worker in a specialty occupation pursuant to section 101(a)(l5)(H)(i)(b) of the Immigration and Nationality
Act (the Act), 8 U.S.C. § 1101 (a)(l5)(H)(i)(b).
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation , filed
on July 5, 2005; (2) the director 's request for additional evidence, dated October 30 ,2005; (3) the petitioner 's
response to the director's request, received on January 24, 2006; (4) the director's denial letter , dated March
2, 2006; and, (5) the Form 1-290B, dated April 5, 2006 . The AAO reviewed the record in its entirety before
issuing its decision.
The petitioner marked the box at section two of the Form I-290B to indicate that a brief and/or evidence
would be sent within 30 days. The AAO did not receive this additional brief and/or evidence. As such ,
the AAO faxed a follow-up letter to the petitioner's office on June 5, 2007, requesting that the brief
and/or additional evidence be sent within five business days. Counsel did not respond to the AAO's
facsimile. Thus, the AAO deems the record complete and ready for adjudication.
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. § 103.3(a)(l)(v).
The only new document submitted on appeal is counsel 's March 20, 2006 letter, which stated that his
submission included the Form I-290B , the denial letter , and a check for the filing fee.
Counsel has failed to identify any specific erroneous conclusion of law or statement of fact for the appeal.
As no additional evidence is presented on appeal to overcome the decision of the director , the appeal will
be summarily dismissed in accordance with 8 C.F.R. § 103.3(a)(l)(v).
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.
ORDER: The appeal is summarily dismissed. The petition is denied.