dismissed
H-1B
dismissed H-1B Case: Supply Chain Analysis
Decision Summary
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner indicated it would submit a brief and/or evidence but failed to do so, and did not specifically identify any erroneous conclusion of law or statement of fact as a basis for the appeal.
Criteria Discussed
Summary Dismissal Failure To Identify Error In Decision
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MATTER OF X-P-N-A-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: OCT. 24,2016 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a metal plating business, seeks to employ the Beneficiary as a "supply chain analyst" under the H-IB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The H-IB 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, concluding that the evidence of record did not satisfy the regulatory requirements for an H-1B specialty occupation. The matter is now before us on appeal. We will summarily dismiss the appeal. I. LEGAL FRAMEWORK An officer will summarily dismiss an appeal when the Petitioner does not identify specifically any erroneous conclusion oflaw or statement of fact for the appeal. 8 C.F.R. ยง 103.3(a)(l)(v). II. DISCUSSION The Petitioner marked Box 1 (a) in Part 3 of the Form I-290B, Notice of Appeal or Motion, to indicate that it would submit a brief and/or additional evidence to our office within 30 days of filing the appeal. The appeal was filed on September 12, 2016, but to date we have received neither a brief nor additional evidence. Moreover, the Petitioner did not provide a separate statement regarding the basis ofthe appeal, as instructed at Part 4 of the Form I-290B. Accordingly, the record is considered complete. ' Upon review of the appeal, we conclude that the Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as a basis for the appeal. Further, the Petitioner has made no reference or objection to the specific findings set forth in the Director's decision. Matter of X-P-N-A-, Inc. III. CONCLUSION The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. ยง 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Inasmuch as the Petitioner has not specifically identified an erroneous conclusion of law or a statement of fact in this proceeding, the Petitioner has not met that burden. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). Cite as Matter of X-P-N-A-, Inc., ID# 183699 (AAO Oct. 24, 2016) 2
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