dismissed
H-1B
dismissed H-1B Case: Software Development
Decision Summary
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements for an appeal. Specifically, the petitioner did not identify any erroneous conclusion of law or statement of fact from the director's initial denial, as required by 8 C.F.R. § 103.3(a)(l)(v).
Criteria Discussed
Specialty Occupation Failure To Identify Specific Error On Appeal
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(b)(6) DATE: FEB 2 5 2G15 IN RE: Petitioner: Beneficiary: U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washing!,on, DC 205� 9-2090 U.S. citizenship and Immigration Services OFFICE: CALIFORNIA SERVICE CENTER FILE: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOI(a)(lS)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. § 110l(a)(l5)(H)(i)(b) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. lf you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-2908) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. /Thanky��� / �C!-�.&+� www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The service center director (hereinafter "the director') denied the nonimmigrant visa petition, and the matter is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. ANALYSIS On the Form I-129 (Petition for a Nonimmigrant Worker), the petitioner describes itself as a "Software Product Development & Consulting" business. In order to employ the beneficiary, the petitioner seeks to classify her as a nonimmigrant worker in a specialty occupation 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). The director denied the petition, stating that the petitioner had not established that it would employ the beneficiary in a specialty occupation position for the requested period of intended employment. Thereafter, the petitioner submitted a Form I-290B (Notice of Appeal or Motion). On the Form I-290B, the petitioner marked box b of Part 3, indicating that it would send a brief and/or additional evidence within 30 days. However, 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. We fully and in-detail reviewed the submission, including the Form I-290B. However, the petitioner did not identify any specific assignment of error. The regulation at 8 C.F.R. § 103.3(a)( l) (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 identified specifically an 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)( l) (v). ORDER: The appeal is summarily dismissed.
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