dismissed H-1B

dismissed H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

Decision Summary

The appeal was summarily dismissed on procedural grounds. The Petitioner failed to submit a brief or any additional evidence after filing the appeal, and therefore did not identify a specific, erroneous conclusion of law or statement of fact in the Director's decision.

Criteria Discussed

Failure To Identify Specific Error Of Law Or Fact

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-I- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 24, 2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development and consulting company, seeks to employ the Beneficiary as a 
programmer analyst under the H-1 B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 110l(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 matter is now before us on appeal. 
Upon review, we will summarily dismiss the appeal. 
An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned 
fails to identify specifically an erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R. § 103.3(a)(l)(v). 
The Petitioner did not include a statement regarding the basis for the appeal upon its tiling on 
November 22, 2016. On the Form I-290B, Notice of Appeal or Motion, the Petitioner stated that a 
brief or additional evidence would be submitted within 30 days of filing. However, we have not 
received anything further from the Petitioner to date. Because the Petitioner has not identified a 
specific, erroneous conclusion of law or statement of fact in the Director's decision below, the 
appeal must be summarily dismissed. 
The burden of proof in these proceedings rests with the Petitioner. Section 291 of the Act, 
8 U.S.C. § 1361. The Petitioner has not satisfied that burden. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
Cite as Matter q{G-l-Inc., ID# 339994 (AAO Feb. 24, 2017)

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