dismissed H-1B

dismissed H-1B Case: Marketing And Public Relations

📅 Date unknown 👤 Company 📂 Marketing And Public Relations

Decision Summary

The appeal was summarily dismissed because the petitioner's counsel filed a notice of appeal without a brief or evidence, and then failed to submit them within the 30-day timeframe. The appeal did not specify any erroneous conclusion of law or statement of fact in the original decision, leading to dismissal per regulations.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Departmerit of Homeland Security 
20 Mass. Ave., N.W.. Rm. 3000 
Washington, DC 20529 
Yaybk-&k6edto 
lnvm clearly tinwarranted 
of personal privacy 
U. S. Citizenship 
and Immigration 
3 L 
FILE: LIN 05 044 50479 Office: NEBRASKA SERVICE CENTER me: JUL 1 ? 2~ 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
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. 
Wdministrative Appeals Office 
LIN 05 044 50479 
Page 2 
DISCUSSION: The 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 home health agency that seeks to employ the beneficiary as a director of marketing and 
public relations and to classify her as a nonimmigrant worker in a specialty occupation pursuant to section 
1 Ol(a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(l S)(H)(i)(b). 
The director denied the petition on the basis that the petitioner failed to establish that its proposed position 
was a specialty occupation. 
On appeal, counsel submitted a Form I-290B (Notice of Appeal) without a brief or evidence and marked the 
box at section 2, indicating that he would submit a separate brief and/or evidence within 30 days. The AAO 
did not receive a brief or any additional evidence in this case. 
An officer to whom an appeal is made shall summarily dismiss the appeal if the party concerned fails to 
specifically identify any erroneous conclusion of law or statement of fact in the original decision. 8 C.F.R. 
4 103.3(a)(l)(v). 
The Notice of Appeal states no reason for the appeal. 
Counsel did not specify any erroneous conclusion of law or statement of fact in the director's decision. As 
neither the petitioner nor counsel presents additional evidence on appeal to overcome the decision, the appeal will 
be summarily dismissed in accordance with 8 C.F.R. 4 103.3(a)(l)(v). 
The burden of proof in this proceeding 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. 
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