dismissed H-1B

dismissed H-1B Case: Physical Education

📅 Date unknown 👤 Organization 📂 Physical Education

Decision Summary

The appeal was summarily dismissed because the petitioner failed to provide a brief or evidence after indicating they would do so. The petitioner did not identify any specific erroneous conclusion of law or statement of fact from the original decision, as required by regulation 8 C.P.R. § 103.3(a)(1)(v).

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact

View Full Decision Text

Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF C-C-P-C-S- . DATE: JAN. 5, 2016 
APPEAL OF VERMONT SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a public charter school, seeks to continue to employ the Beneficiary as a "Physical 
Education/Fitness Teacher/Coach" under the H-1B nonimmigrant classification. 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, 
Vermont Service Center, denied the petition. The matter is now before us on appeal. The appeal 
will be summarily dismissed. 
On April 24, 2015, the Petitioner submitted a Form I-290B, Notice of Appeal or Motion, without a 
brief or evidence. Although the Petitioner indicated on the Form I-290B that the Petitioner would 
send a brief and/or additional evidence withiri 30 days, we have received neither. Accordingly, the 
record of proceedings is deemed complete as currently constituted. 
The regulation at 8 C.P.R. § 103.3(a)(1)(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." 
Upon review, the Petitioner has not specifically identified any erroneous conclusion of law or 
statement of fact as a basis for the appeal. The Petitioner's appeal makes no objection to the specific 
findings set forth by the Director. Consistent with 8 C.P.R. § 103.3(a)(l)(v), the appeal will be 
summarily dismissed. 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.P.R.§ 103.3(a)(l)(v). 
Cite as Matter ofC-C-P-C-S-, ID# 16046 (AAO Jan. 5, 2016)

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