dismissed H-1B

dismissed H-1B Case: Marketing

📅 Date unknown 👤 Company 📂 Marketing

Decision Summary

The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after indicating they would do so. The petitioner did not specifically identify any erroneous conclusion of law or statement of fact from the original decision, which is a procedural requirement for an appeal.

Criteria Discussed

Failure To Identify Error On Appeal

View Full Decision Text

U.s~ Citizenship 
and Immigration 
Services 
MATTER OF M-P-&P-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 28,2015 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a restaurant, seeks to employ the Beneficiary as a marketing specialist and classify 
her as a nonimmigrant worker in a specialty occupation. 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, California Service 
Center, denied the petition. The matter is now before us on appeal. The appeal will be summarily 
dismissed. 
The Petitioner submitted the Form I-290B, Notice of Appeal or Motion, and marked box "b" at "Part 
3. Information About the Appeal or Motion" to indicate that a brief and/or additional evidence 
would be sent to our office within 30 days. We fully and in-detail reviewed the Form I-290B and the 
accompanying documents. The Petitioner stated that it would send a brief and/or additional evidence; 
however, we have not received the submission within the allotted timeframe (or thereafter). 
Accordingly, the record of proceeding is deemed complete as currently constituted. 
The regulation at 8 C.P.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." In the instant case, the Petitioner 
has not specifically identified any erroneous conclusion of law or a statement of fact as a basis for 
the appeal; thus, the appeal is summarily dismissed in accordance with 8 C.P.R.§ 103.3(a)(l)(v). 1 
ORDER: The appeal is summarily dismissed pursuant to 8 C.P.R. §103.3(a)(l)(v). 
Cite as Matter ofM-P-&P-, Inc., ID# 14886 (AAO Oct. 28, 2015) 
1 As the appeal will be summarily dismissed, we will not discuss any additional deficiencies we observe in the record of 
proceeding.

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