dismissed H-1B Case: Stone Fabrication

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identifyingdatadeletedto
preventclearlyunwarranted
invasionofpersonalpriVICJ
PUBLICcorr
u.s.Department of Homeland Security
20 Mass. Ave., N.W., Rm. ~OOO
Washington, DC 20529 .
u.S. Citizenship
•and Immigration
Services
FILE: WAC05 14851602 Office: CALIFORNIA SERVICE CENTER Date: MAR 15 2007
IN RE: Petitioner:
Beneficiary:
PETITION: . Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the
. Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b)
ON BEHALF OF PETITIONER:
SELF-REPRESENTED
INSTRUCTIONS:
.. This is the decision ofthe 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, Chief
Administrative Appeals Office
.www.uscis.gov
. .... J
.WAC 05 14851602
Page 2
. .
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before
the Administrative Appeals Office (AAO) on appe~ .Theappeal will be swnmarily dismissed . .
.The .petitioner is:an~tural stone fabrication and installatio~ business. It seeks to employ the ben~ficiary as a
management analyst and endeavors to classify him as.a nonimmigrant worker in a specialty occupation pursuant
to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1101(a)(15)(H)(i)(b).
. .
As stated in 8 ·C.F.R. §103.3(a)(1)(v); an appeal shall be summarily disIrllssed 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 proffered positionwas not a specialty occupation. Accordingly, the petition was denied.
On appeal, the petitioner states that the director erred in his decision and failed to consider relevant evidence. It
provides no other basis for the appeal but states that a brief and/or additional evidence will be filed within 30 days
. of the filing of the appeal (November 25,2005) . . To date, no brief or additional evidence has been filed and the
. record is deemed complete . The petitioner has not specifically identified 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. 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 ofproof in this proceeding rests .solely with th~ petitioner. .Section 291 of the Act, 8 U.S .C. § 1361. '
The petitioner has not su~taine4 that burden.
. .
. ORDER: The appeal is dismissed.