dismissed H-1B Case: Restaurant Management

(b)(6)
DATE: JUN 2 6 2015 
INRE: Petitioner: 
Beneficiary: 
PETITION RECEIPT#: 
U.S. Department of Homeland Security 
U.S. Citi zenship and Immigration Services 
Administr ative Appeals Office 
20 Massachusetts Ave. , N.W. , MS 2090 
Washington , DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
Enclosed is the non-precedent decision of the Administrative Appeals Office (AAO) for your case. 
If you believe we incorrectly decided your case, you may file a motion requesting us to reconsider our 
decision and/or reopen the proceeding. The requirements for motions are located at 8 C.F.R. § 103.5. 
Motions must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this 
decision. The Form I-290B web page 
(www.uscis.gov/i-290b) contains the latest information on fee, filing 
location, and other requirements. Please do not mail any motions directly to the AAO. 
Ron osenl:l rg 
Chief, Administrative Appeals Office 
www. uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, California Service Center, revoked the approval of the nonimmigrant 
visa petition. The matter is now before the Administrative Appeals Office on appeal. The appeal will 
be summarily dismissed. 
On the Form I-129 visa petition, the petitioner describes itself as a seven-employee full-service 
restaurant established in In order to employ the beneficiary in what it designates as a 
"Restaurant Operations Manager" position at a salary of $38,400 per year, the petitioner seeks to 
classify him as a nonimmigrant worker in a specialty occupation pursuant to section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). 
The petitioner submitted the Form I-290B, Notice of Appeal or Motion, and marked box "b" in "Part 
3. Information About the Appeal or Motion" to indicate that a brief and/or additional evidence would 
be sent to our office within 30 days. The petitioner also submitted a copy of the director's revocation 
decision. Counsel for the petitioner requested a 30-day extension of time during which to submit a 
brief. We granted the request, and extended the deadline for submission of a brief to March 6, 2015. 
We fully and in-detail reviewed the Form I-290B and the accompanying documents. Notably, we did 
not receive a brief and/or additional evidence within the allotted timeframe (or thereafter). 
Accordingly, the record of proceeding is deemed complete as currently constituted. 
The petitioner did not identify any specific error by the director. An offer to provide further 
information in the future is an insufficient basis for an appeal.1 The regulation at 8 C.F.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." In the instant case, the petitioner has not specifically 
identified any erroneous conclusion of law or a statement of fact as a basis for the appeal and thus, 
the appeal is summarily dismissed in accordance with 8 C.F.R. § 103.3(a)(1)(v).Z · 
ORDER: The appeal is summarily dismissed. 
1 
The petitioner must establish eligibility at the time of filing the nonimmigrant visa petition; 8 C.F.R. 
§ 103.2(b)(l). 
2 As the appeal will be summarily dismissed, we will not discuss any additional deficiencies we observe in the 
record of proceeding.