dismissed
H-1B
dismissed H-1B Case: 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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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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