dismissed H-1B Case: Systems Analysis

U.S. Citizenship 
and Immigration 
Services 
MATTER OF K-A-
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 15,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a hospitality business, seeks to extend the Beneficiary's temporary employment as a 
systems analyst under the H-1B nonimmigrant classification for specialty occupations. 
See Immigration and Nationality Act (the Act) § 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 110l(a)(15)(H)(i)(b). The H-lB 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, initially approved the petition. Upon subsequent review of 
the record, the Director revoked the approval of the petition. The Director concluded that the 
Petitioner violated the terms and conditions of the petition. 
The matter is now before us on appeal. We will summarily dismiss the appeal. 
I. APPEAL 
The Petitioner submitted a Form I-290B, Notice of Appeal or Motion and checked Box bin Part 3 of 
the form to indicate that it was filing an appeal and would send a brief and/or additional evidence 
within 30 days. With the Form I-290B, the Petitioner (through counsel) submitted a letter dated 
October 19,2015. 
We fully and in-detail reviewed the submission, including the Form I-290B and the October 19, 
2015, letter. However, the Petitioner did not identify any specific assignment of error. Moreover, 
although the Petitioner stated that it would send a brief and/or additional evidence, we have not 
received the submission within the allotted timeframe. Accordingly, the record of proceeding is 
deemed complete as currently 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." In the instant case, the 
Petitioner did not identify specifically an erroneous conclusion of law or a statement of fact as a 
basis for the appeal and, therefore, the appeal must be summarily dismissed. 
Matter of K-A-
II. CONCLUSION 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter o.fOtiende, 26 I&N Dec. 127, 128 
(BIA 2013) (citing Matter of Brantigan, 11 I&N Dec. 493, 495 (BIA 1966)). 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.fK-A-, ID# 17276 (AAO Mar. 15, 2016) 
2