dismissed H-1B Case: Marketing

identifying data deleted to 
prevent clear"! unw- 
invasion of prsorrl pak.g 
U.S. Department of EIomeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
eu0Llc COPY 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 lOl(a)(lS)(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. 
Administrative Appeals Office 
LIN 05 032 54620 
Page 2 
DISCUSSION: The acting director of the Nebraska 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 a business providing direct marketing services, with 34 employees. It seeks to employ the 
beneficiary as a senior account executive pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. § 1 lOl(a)(lS)(H)(i)(b). The director denied the petition based on his 
determination that the record did not establish the proffered position as a specialty occupation. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for evidence; (3) counsel's response to the director's request; (4) the director's denial; and (5) 
Form I-290B, with a letter from the petitioner. The AAO reviewed the record in its entirety before reaching its 
decision. 
On appeal, the petitioner requests that U.S. Citizenship and Immigration Services (CIS) accept a "proper job 
description" for the proffered position and provides a new list of duties to be performed by its senior account 
executive. Additionally, it documents its employment of other senior account executives and provides evidence 
of hiring practices for senior account executives within the marketing industry. The AAO will not, however, 
consider the submitted evidence. 
The duties of a proffered position may not be changed on appeal. 
 In the instant case, the petitioner seeks to 
amend the job description provided by counsel in response to the director's request for evidence. However, on 
appeal, a petitioner cannot offer a new position to the beneficiary, or materially change a position's title, its level 
of authority within the organizational hierarchy, or the associated job responsibilities. Matter of Michelin Tire 
Corp., 17 I&N Dec. 248,249 (Reg. Comm. 1978). A petitioner may also not make material changes to a petition 
in an effort to make a deficient petition conform to CIS requirements. See Matter of lzummi, 22 I&N Dec. 169, 
176 (Assoc. Comm. 1998). Therefore, the AAO will not consider the petitioner's amended description of the 
proffered position's duties. 
Moreover, 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)(I)(v). 
 In the instant case, the appeal offers only the additional evidence previously noted. The 
petitioner does not indicate that the director made an erroneous conclusion of law or statement of fact in denying 
the petition. Accordingly, 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 met that burden. 
ORDER: 
 The appeal is summarily dismissed. The petition is denied.