dismissed H-1B Case: It Services

U.S. Department of Homeland Security 
20 Massachusetts Avenue NW, Room 3000 
Washington, DC 20529 
PUBLIC COPY 
identifying data deleted to 
pevent dearly lvlwarranted 
inv~sian of personal privacy 
U.S. Citizenship 
and Immigration 
Services 
FILE: EAC 04 207 53419 Office: VERMONT SERVICE CENTER Date: MAY 1 6 
PETITION: 
 Petition for a Nonirnrnigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 3 1 10 1 (a)(l S)(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. 
Bdk/~*~ 
Robert P. Wiema 
Administrative ~~dls Office 
EAC 04 207 53419 
Page 2 
DISCUSSION: The director denied the nonimmigrant visa petition and the Administrative Appeals 
Office (AAO) remanded a subsequent appeal to the director for entry of a new decision. The director has 
denied the petition and certified his decision to the AAO for review. The director's decision will be 
affirmed. The petition will be denied. 
The petitioner is an IT services and software development company that seeks to employ the beneficiary 
as a programmer analyst. The petitioner, therefore, seeks to classify the beneficiary as a nonimmigrant 
worker in a specialty occupation pursuant to section 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality 
Act (the Act), 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b). 
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation; (2) the 
director's July 22, 2004 denial letter; (3) the Form I-290B and supporting documentation, dated August 20, 
2004; (4) the AAO's August 18, 2006 remand of the petition to the director; (7) the director's 
December 4, 2006 request for additional evidence; and (8) the director's April 4,2007 notice of certification. 
The AAO reviewed the record in its entirety before issuing its decision. 
In its August 18, 2006 decision, the AAO determined that, although the beneficiary qualifies to perform the 
duties of a specialty occupation, the petitioner had not established that the proposed position qualifies for 
classification as a specialty occupation. Accordingly, the AAO remanded the matter to the director for his 
determination of whether the proposed position qualifies for classification as a specialty occupation, with 
certification to the AAO should his decision be adverse to the petitioner. 
In his December 4, 2006 request for additional evidence, the director afforded the petitioner 84 days to 
submit evidence regarding the proposed position's status as a specialty occupation. However, the 
petitioner did not respond. Accordingly, the director determined that the petitioner had failed to 
demonstrate that its proposed position qualifies for classification as a specialty occupation, and certified 
his decision to the AAO for review. The contents of these documents are part of the record and their 
contents need not be repeated here. 
As the petitioner chose not to respond to the director's request for additional evidence or submit evidence 
to the AAO to rebut the findings of the director's notice of certification, it has not established that the 
proposed position qualifies for classification as a specialty occupation under any of the criteria set forth at 
8 C.F.R. 9 214.2(h)(4)(iii)(A). Therefore, the director's decision will be affirmed. 
For reasons related in the preceding discussion, the petitioner has failed to establish that the proposed 
position qualifies for classification as a specialty occupation under any of the criteria set forth at 
8 C.F.R. 5 214.2(h)(4)(iii)(A). Accordingly, the AAO will not disturb the director's denial of the petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 5 1361. The petitioner has not sustained that burden. 
ORDER: 
 The director's April 4,2007 decision is affirmed. The petition is denied.