dismissed H-1B

dismissed H-1B Case: Special Education

📅 Date unknown 👤 Individual 📂 Special Education

Decision Summary

The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the initial denial, as required by regulation. The petitioner did not provide additional evidence to overcome the director's finding that the proffered position was not a specialty occupation.

Criteria Discussed

Specialty Occupation Appeal Requirements

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: EAC 04 094 5 1835 Office: VERMONT SERVICE CENTER Date: &N 13 2Q@i 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 1 10 1 (a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 04 094 5 1835 
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 shall be summarily dismissed. 
The petitioner is a private household that seeks to employ the beneficiary as an early childhood special 
education teacher. The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to 5 10 l(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
3 1 101(a)(l5)(H)(i)(b). The director denied the petition because the proffered position is not a specialty 
occupation. 
On appeal, the petitioner submits a letter explaining the beneficiary's qualifications. 
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. 
9 103.3(a)(l)(v). 
On the Form I-290B, the petitioner fails to specify how the director made any erroneous conclusion of law or 
statement of fact in denying the petition. As the petitioner does not present additional evidence on appeal to 
overcome the decision of the director, the appeal will be summarily dismissed in accordance with 8 C.F.R. 
9 103.3(a)(l)(v). 
The burden of proof in this proceeding rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 9 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. 
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