dismissed H-1B

dismissed H-1B Case: Software Development

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

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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. 
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