dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 11052309 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEP. 01, 2020 
The Petitioner, a software development company, seeks to temporarily employ the Beneficiary as a 
"software developer" under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific 
specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the petition, concluding that the evidence of record 
does not establish that: (1) the Beneficiary would perform services in a specialty occupation for the 
requested period of intended employment and (2) the Petitioner will have an employer-employee 
relationship with the Beneficiary. The matter is now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de nova review, we will summarily dismiss the appeal. 
The regulation at 8 C.F.R. § 103.3(a)(l)(v) states, in pertinent part: 
An officer will summarily dismiss an appeal when the Petitioner does not identify 
specifically any erroneous conclusion of law or statement of fact for the appeal. 
The Petitioner marked Box l(b) in Part 2 of the Form l-290B, Notice of Appeal or Motion, to indicate 
that a brief and/or additional evidence would be submitted within 30 days of filing the appeal. 
However, we did not receive a brief or additional evidence within the allotted timeframe. Accordingly, 
the record is considered complete. 
The Petitioner did not supplement the record with an appeal brief addressing the Director's grounds 
for denying the petition and has not specifically identified any erroneous conclusion of law or 
statement of fact as a basis for the appeal. Moreover, the Petitioner did not comply with instructions 
in Part 3 of the Form 1-290B, which states that the Petitioner "must" provide a statement identifying a 
basis for the appeal. Therefore, consistent with 8 C.F.R. § 103.3(a)(l)(v), we will summarily dismiss 
the appeal. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
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