dismissed H-1B Case: Sales Management

U.S. Department of Homeland Security
20 Mass Ave., N.W., Rm. 3000
Washington, DC 20529
u.S.Citizenship
and Immigration
Services
FILE: EAC 04 248 53941 Office: VERMONT SERVICE CENTER Date: SEP 102001
INRE: Petitioner:
Beneficiary:
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)(l5)(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
www.uscis.gov
EAC 04 248 53941
Page 2
DISCUSSION: The service center director revoked the approval of the nonimmigrant visa petition and the
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal shall be summarily
dismissed.
The petitioner is an import and wholesale business that seeks to employ the beneficiary as a sales manager. The
petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to
§ 101(a)(l5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). The
director revoked the approval of the petition because the beneficiary is not qualified to perform a specialty
occupation.
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.
§ 103.3(a)(l )(v).
On the I-290B, received by the service center director on June 23, 2006, counsel checked the block indicating
that he would be sending a brief and/or evidence to the AAO within 30 days. The AAO sent a fax to counsel
on July 30, 2007 informing counsel that no separate brief and/or evidence was received, to confirm whether
or not he had sent anything else in this matter, and as a courtesy, providing him with five days to respond.
However, no further documents have been received by the AAO to date.
On the Form I-290B, counsel fails to specify how the director made any erroneous conclusion of law or statement
of fact in revoking the approval of the petition. As the petitioner does not 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.
§ 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. § 1361.
The petitioner has not sustained that burden.
ORDER: The appeal is dismissed.