dismissed H-1B Case: Software/Hardware Consulting

!Wiling data deleted ta 
prevent clearly unwarrantd 
inwion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: LIN 04 165 51801 Office: NEBRASKA SERVICE CENTER Date: JUL12200fj 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 
 1 10 l(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. 
t , t" rp &b rs*&- 
2- .,- 
- 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
LIN 04 165 51801 
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 softwarelhardware consulting company. 
 It seeks to employ the beneficiary as a 
softwarelhardware consultant, and endeavors to classify him as a nonimmigrant worker in a specialty occupation 
pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 10 l(a)( 15)(H)(i)(b). 
As stated in 8 C.F.R. 5 103.3(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 petitioner failed to establish that it had a specialty occupation available for the beneficiary in the work 
location identified on the submitted Labor Condition Application (LCA). Accordingly, the petition was denied. 
On appeal, counsel states that he will file a brief and/or additional information within 30 days in support of the 
appeal. The appeal was filed on February 7, 2005. To date, no brief or additional information has been filed. 
The record is, therefore, deemed complete. The only basis stated for the appeal was a statement made on the 
Form I-290B Notice of Appeal that the position offered qualified as a specialty occupation and that the position 
is based in St. Louis, Mo. The petitioner did not, however, specifically address the reasons for the director's 
denial, or specifically identify any erroneous conclusion of law or statement of fact upon which the appeal is 
based. The appellant must do more than simply ask for an appeal and state that the decision appealed from is 
incorrect. 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 this proceeding rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.