dismissed H-1B

dismissed H-1B Case: Systems Analysis

📅 Date unknown 👤 Company 📂 Systems Analysis

Decision Summary

The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence after indicating they would do so. The petitioner did not specifically identify any erroneous conclusion of law or statement of fact from the director's decision, which is a required basis for an appeal.

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Fact (8 C.F.R. § 103.3(A)(1)(V))

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-D- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 29,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a gems and jewelry business, seeks to temporarily employ the Beneficiary as a 
"systems analyst" under the H -1 B nonimmigrant classification. See Immigration and Nationality 
Act (the Act)§ 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, Vermont Service 
Center, revoked the approval of the petition. The matter is now before us on appeal. The appeal will 
be summarily dismissed. 
On August 3, 2015, the Petitioner submitted a Form I-290B, Notice of Appeal or Motion, without a 
brief or evidence. Although the Petitioner indicated on the Form I-290B that the Petitioner would 
send a brief and/or additional evidence within 30 days, we have received neither. Accordingly, the 
record will be considered complete as presently constituted. 
The regulation at 8 C.P.R. § 103.3(a)(1)(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." 
Upon review, the Petitioner has not specifically identified any erroneous conclusion of law or 
statement of fact as a basis for the appeal. The Petitioner's appeal makes no objection to the specific 
findings set forth by the Director. Therefore, consistent with 8 C.P.R. § 103.3(a)(l)(v), the appeal 
will be summarily dismissed. 
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). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.P.R.§ 103.3(a)(l)(v). 
Cite as Matter o.fS-D- Inc., ID# 16040 (AAO Jan. 29, 2016)

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