dismissed H-1B Case: Software Development

MATTER OF 1-V-C-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 29,2016 
PETITION: FORM I-129, PETITION FORA NONIMMIGRANT WORKER 
The Petitioner, a software development firm, seeks to extend the Beneficiary's temporary employment 
as a '·software engineer'' under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act)§ 10l(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The 
H-1B 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, Vermont Service Center, denied the petition. The Director concluded that the 
Petitioner did not establish the availability of qualifying specialty occupation employment for the 
Beneficiary. 
The matter is now before us on appeal. We will summarily dismiss the appeal. 
I. APPEAL 
The Petitioner submitted the Form I-290B, Notice of Appeal or Motion, and marked box .. a .. at .. Part 
3. Information About the Appeal or Motion .. to indicate that a brief and/or additional evidence is 
attached. With the Form I-1290B. the Petitioner (though counsel) submitted a letter dated October 26, 
2015. We fully and in-detail reviewed the submission, including the Form I-290B and the October 
26, 2015, letter. 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 specifically identified any erroneous conclusion of law or a statement of fact as a basis for 
the appeal and, thus, the appeal must be summarily dismissed. 
Matter of I- V-C-, Inc. 
II. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter (~lOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.P.R.§ 103.3(a)(1)(v). 
Cite as Matter ofl-V-C-, Inc., ID# 17004 (AAO Apr. 29, 2016) 
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