dismissed H-1B Case: It Consulting

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-B-S-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 19,2015 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an IT consulting and services firm, seeks to employ the Beneficiary as a part-time 
programmer analyst under the H-1B nonimmigrant classification. See Immigration and Nationality 
Act (the Act)§ 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, Vermont Service 
Center, denied the petition. The matter is now before us on appeal. The appeal will be summarily 
dismissed. 
The Director denied the visa petition, finding that (1) the Petitioner had not demonstrated that it has 
specialty occupation work available for the Beneficiary and (2) the Beneficiary did not maintain his 
F -1 visa status. The Petitioner subsequently filed an appeal. However, the Petitioner submitted no 
evidence or information addressing the grounds for denial; nor did the Petitioner dispute the grounds 
for denial. Although counsel for the Petitioner indicated in a letter submitted with the Form I-290B 
that "Supporting Documentation for Motion to Reopen/Reconsider"
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was enclosed, no supp01iing 
documentation was, in fact, submitted. Further, while the Petitioner marked Box 1 (b) in Part 3 of 
the Form I-290B, indicating that a brief and/or additional evidence would be submitted within 30 
days, the record was not supplemented with any additional submissions. Moreover, the Petitioner 
did not provide with its appeal a separate statement regarding the basis of the appeal, as instructed at 
Part 4 of the Form I-290B. Accordingly, the record will be considered complete as presently 
constituted. 
The regulation at 8 C.F.R. § 103.3(a)(l)(v) states, in pertinent part: "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." 
Upon review, the Petitioner has not specifically identified any erroneous conclusion of law or 
statement of fact as a basis for the appeal. The Petitioner's appeal makes no objection to the specific 
findings set forth by the Director. Consistent with 8 C.F.R. § 103.3(a)(l)(v), the appeal will be 
summarily dismissed. 
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The Petitioner filed an appeal in this matter, not a motion. 
Matter of E-B-S-, Inc. 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
Cite as Matter ofE-B-S-, Inc., ID# 14803 (AAO Nov. 19, 2015) 
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