dismissed
H-1B
dismissed H-1B Case: Supply Chain Analysis
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief or additional evidence as promised and did not specifically identify any erroneous conclusion of law or statement of fact from the initial denial, as required by regulation.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact Specialty Occupation
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
MATTER OF C-B-G- LLC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: MAY4,2016 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a vehicle parts wholesaler. seeks to temporarily employ the Beneficiary as a ··supply chain analyst" under the H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-18 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. Vermont Service Center, denied the petitiOn. The Director concluded that the evidence of record did not establish that the proffered position qualifies as a specialty occupation. The matter is now before us on appeal. The appeal will be summarily dismissed. Although the Petitioner marked Box l(a) in Part 3 of the Form 1-2908. Notice of Appeal or Motion. to indicate that a brief and/or additional evidence was attached, the Petitioner submitted the form I-290B without a brief or evidence. In a letter submitted with the appeaL the Petitioner stated that ''[a] brief in support of the Appeal will be submitted within 30 days of initial filing of the Appeal." As of the date of this notice, we have not received a brief or additional evidence. Accordingly, the record will be considered complete as presently constituted. The regulation at 8 C.F.R. § 103.3(a)(l )(v) states, in pertinent part: "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." The Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as a basis for the appeal. As noted, the Petitioner did not provide a brief or additional evidence in support of the appeal. Moreover. the Petitioner did not provide with its appeal a separate statement regarding the basis of the appeal, as instructed at Part 4 of the Form I-2908. Here, the Petitioner has made no reference or objection to the specific findings set forth in the Director"s decision. Therefore. consistent with 8 C.F.R. § 103.3(a)(l)(v), the appeal will be summarily dismissed. Matter ofC-B-G- LLC In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 ofthe Act 8 U.S.C. § 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 sustained that burden. ORDER: The appeal is summarily dismissed pursuant to 8 C.P.R.§ 103.3(a)(l)(v). Cite as Matter ofC-B-G- LLC, ID# 17531 (AAO May 4, 2016) 2
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.