dismissed H-1B Case: Medical Research

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: EAC 04 048 52401 Office: VERMONT SERVICE CENTER Date: SEP 2 1 2005 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 04 048 52401 
Page 2 
DISCUSSION: The Director of the California Service Center denied the nonimrnigrant visa petition and the 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal shall be dismissed. 
The petitioner provides health care services and personnel. It seeks to employ the beneficiary as a medical 
researcher. The director denied the petition on the basis that the proffered position did not meet the definition 
of a specialty occupation. 
Counsel submitted a timely Form I-290B on March 17,2004 and indicated that he was submitting a separate brief 
andlor evidence. As of this date, however, the AAO has not received any additional evidence into the record. 
Therefore, the record is complete. 
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. 
Q 103.3(a)(l)(v). 
On the Form I-290B, counsel fails to specify how the director made any erroneous conclusion of law or statement 
of fact in denying the petition. As neither the petitioner nor counsel presents additional evidence on appeal to 
overcome the decision of the director, the appeal will be summarily dismissed in accordance with 8 C.F.R. 
Q 103.3(a)(l)(v). 
The burden of proof in ths 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 dismissed.