dismissed H-1B Case: Physical Therapy

identiQing data deleted to 
prevent clearly unwarranted 
invasion of prcmJ pti~clcy 
PUBLIC copy 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: EAC 03 053 55330 Office: VERMONT SERVICE CENTER Date: AUG 2 9 2006 
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. $ 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, Chief 
Administrative Appeals Office 
EAC 03 053 55330 
Page 2 
DISCUSSION: The service center director revoked 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 placement agency that seeks to employ the beneficiary as a physical therapist. The 
petitioner endeavors to classify the beneficiary 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. tj 1101 
(a)(lS)(H)(i)(b). On May 26, 2004, the director issued a notice of intent to revoke the petition. The director 
noted that the beneficiary would be receiving a temporary license to practice physical therapy in the state of 
New Jersey. The director requested evidence to establish that the beneficiary would be working under the 
direct supervision of a licensed physical therapist as required under New Jersey regulations. Additionally, the 
director noted that the petitioner is a placement agency and requested a copy of the petitioner's contract with 
the specific facility where the beneficiary will be working. The director requested a copy of the employment 
contract between the beneficiary and the facility where the beneficiary will be working. The director noted 
that in the contract with the beneficiary, the petitioner stated that it would file an immigrant petition on behalf 
of the beneficiary and that the beneficiary would pay the amount of $3000 as a sponsorship fee payable 
through salary deductions. The petitioner did not submit any such evidence. The director revoked the 
petition. 
Counsel submitted a timely Form I-290B on February 7, 2005 and indicated that a brief and/or additional 
evidence would be submitted within 30 days. As of this date, the AAO has not received any additional 
evidence into the record. Therefore, the record is complete. 
In general, the director's decision to revoke the approval of a petition will be affirmed, notwithstanding the 
submission of evidence on appeal, where a petitioner fails to offer a timely explanation or rebuttal to a 
properly issued notice of intent to revoke. See Matter of Arias, 19 I&N Dec. 568, 569 (BIA 1988). No 
explanation has been offered for the petitioner's failure to address these issues in a timely response to the 
director's notice. 
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. 
tj 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. Counsel states that the petitioner did not receive a copy of the May 26,2004 letter 
from the director indicating his intention to revoke the petition. Counsel states that the petitioner would submit its 
reply to the director's letter within 30 days. The record contains no additional evidence. As the petitioner fails to 
present additional evidence on appeal to overcome the decision of the director, the appeal will be summarily 
dismissed in accordance with 8 C.F.R. tj 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. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.