dismissed H-1B

dismissed H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

Decision Summary

The appeal was summarily dismissed because the petitioner failed to provide a basis for the appeal. After stating on the Form I-290B that a brief or evidence would be submitted, the petitioner did not send any further documentation, thereby failing to identify any specific error of law or fact in the director's decision.

Criteria Discussed

Summary Dismissal For Failure To State Basis Of Appeal

View Full Decision Text

MATTER OF A-Inc. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 22,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development and consulting service company, seeks to employ the 
Beneficiary as a project coordinator under the H-1 B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section l0l(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 110l(a)(l5)(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, California 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 any erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R. § 103.3(a)(l)(v). 
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 any 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 solely with the Petitioner. Section 291 of the Act, 
8 U.S.C. § 1361. The Petitioner has not satisfied that burden and the appeal will be summarily 
dismissed. 
ORDER: · · The appeal is summarily dismissed pursuant to 8 C.F.R. § 1 03.3(a)(l )(v). 
Cite as Matter of A-Inc., ID# 282111 (AAO Dec. 22, 2016)

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