dismissed
H-1B
dismissed H-1B Case: Software Development
Decision Summary
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner did not submit a brief or evidence to specifically identify any erroneous conclusion of law or statement of fact in the director's decision, as required by regulation 8 C.F.R. ยง 103.3(a)(l)(v).
Criteria Discussed
Failure To Identify Error In Appeal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services MATTER OF M-T-, LLC Non-Precedent Decision of the Administrative Appeals Office DATE: OCT. 1, 20105 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a software product development and consulting company, seeks to employ the Beneficiary as a software quality assurance engineer and tester and classify her as a nonimmigrant worker in a specialty occupation pursuant. See section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The Director, California Service Center, denied the petition. The matter is now before us on appeal. The appeal will be summarily dismissed. The Petitioner submitted the Form I-290B, Notice of Appeal or Motion, and marked box "b" at "Part 3. Information About the Appeal or Motion" to indicate that a brief and/or additional evidence would be sent to our office within 30 days. We fully and in-detail reviewed the Form I-290B and the accompanying documents. 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. The Petitioner did not identify any specific error by the Director. The regulation at 8 C.F.R. ยง 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 is summarily dismissed in accordance with 8 C.F.R. ยง 103.3(a)(l)(v). 1 ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง103.3(a)(l)(v). Cite as Matter of M-T-, LLC, ID# 13939 (AAO Oct. 1, 2015) 1 As the appeal will be summarily dismissed, we will not discuss any additional deficiencies we observe in the record of proceeding.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.