dismissed H-1B Case: Pharmacy

~dentlfjbg data b 
prevent clearly unw-fed 
hlvseioa of paronel prkag 
U.S. Department of Homel:snd Security 
20 Mass. Ave., N.W., Rm. A.3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 02 138 5 1 140 Office: CALIFORNIA SERVICE CENTER Date: (b ) 3 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(] 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)( 1 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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 
WAC 02 138 51 140 
Page 2 
DISCUSSION: The service center director 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 pharmacy. It seeks to employ the beneficiary as a pharmacy technician, and endeavors to 
classify him as a nonimmigrant worker in a specialty occupation pursuant to section lOl(a)(lS)(H)(i!)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 101(a)(l S)(H)(i)(b). 
As stated in 8 C.F.R. 5 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to 
identify specifically any erroneous conclusion of law or statement of fact for the appeal. The director determined 
that the proffered position was not a specialty occupation. Accordingly, the petition was denied. 
On appeal, the petitioner states that it wishes to hire the beneficiary as a pharmacy technician, ancl then as a 
registered pharmacist after he takes the state pharmacy board examinations. The petitioner did not, however, 
identify any erroneous conclusion of law or statement of fact upon which the appeal is based. The appellant must 
do more than simply file an appeal. It must clearly demonstrate the basis for the appeal. This, the appellant has 
failed to do. As such, the appeal must be dismissed. 
The burden of proof in this proceeding rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.