dismissed H-1B Case: Software Development

US. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 04 2 16 5 1621 Office: CALIFORNIA SERVICE CENTER Date: 
SEP 8 6 2005 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 8 1 IOl(a)(lS)(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, Director 
Administrative Appeals Office 
WAC 04 216 51621 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner is a software development/consulting firm. It seeks to employ the beneficiary as a 
programmerlanalyst, and endeavors to classi@ him as a nonimmigrant worker in a specialty occupation pursuant 
to section 10 1 (a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1 101(a)(l5)(H)(i)(b). 
As stated in 8 C.F.R. 3 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to 
identify specifically any erroneous conclusion of law or statement of fact for the appeal. The director determined 
that the proffered position was not a specialty occupation. Accordingly, the petition was denied. 
On appeal, the petitioner indicated on the Form 1-290B that a brief would be filed within 30 days supporting the 
appeal. To date, no brief has been filed and the record is deemed complete. The petitioner did not identi@ any 
erroneous conclusion of law or statement of fact upon which the appeal is based. The appellant must do more 
than simply file an appeal. It must clearly demonstrate the basis for the appeal. This, the appellant has failed to 
do. As such, the appeal must be dismissed. 
The burden of proof in ths proceeding rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.