dismissed
H-1B
dismissed H-1B Case: Taekwondo
Decision Summary
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements for an appeal. Specifically, the petitioner did not identify any erroneous conclusion of law or statement of fact in the director's initial decision, as required by 8 C.P.R. ยง 103.3(a)(1)(v).
Criteria Discussed
Failure To Identify Specific Error In Appeal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
(b)(6) DATE: JUL 3 1 2015 INRE: Petitioner: Beneficiary: PETITION RECEIPT#: U.S. Department of Homeland Security U.S. Citiz enship and Immigration S e rvic e~ Administrative Appeals Office 20 Massachusetts Ave ., N.W. , MS 2090 Washington , DC 20529-2090 U.S. Citizenship and Immigration Services 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. ยง 1101(a)(15)(H)(i)(b) ON BEHALF OF PETITIONER: Enclosed is the non-precedent decision of the Administrative Appeals Office (AAO) for your case. If you believe we incorrectly decided your case, you may file a motion requesting us to reconsider our decision and/or reopen the proceeding. The requirements for motions are located at 8 C.F.R. ยง 103.5. Motions must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. The Form I-290B web page (www.uscis.gov/i-290b) contains the latest information on fee, filing location, and other requirements. Please do not mail any motions directly to the AAO. Th~ Ron Rosenberg Chief, Administrative Appeals Office www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition . The matter is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. On the Form 1-129 visa petitiOn, the petitioner describes itself as a four-employee taekwondo academy established in . In order to employ the beneficiary in what it designates as a part-time "Taekwondo Coach" position at a salary of $12.25 per hour, the petitioner seeks 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. ยง 110l(a)(15)(H)(i)(b). The petitioner submitted the Form I-290B, Notice of Appeal or Motion, and marked box "b" at "Part 3. Information About the Appeal or Motion" to indicate that a brief and/or additional evidence would be sent to our office within 30 days. We fully and in-detail reviewed the Form l-290B and the accompanying documents. Notably, we did not receive a brief and/or additional evidence within the allotted timeframe (or thereafter). Accordingly, the record of proceeding is deemed complete as currently constituted. The petitioner did not identify any specific error by the director. An offer to provide further information in the future is an insufficient basis for an appeal. 1 The regulation at 8 C.P.R. ยง 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." In the instant case, the petitioner has not specifically identified any erroneous conclusion of law or a statement of fact as a basis for the appeal and thus, the appeal is summarily dismissed in accordance with 8 C.P.R. ยง 103.3(a)(1)(v). 2 ORDER: The appeal is summarily dismissed. 1 The petitioner must establish eligibility at the time of filing the nonimmigrant visa petition. 8 C.F.R. ยง 103.2(b)(l). 2 As the appeal will be summarily dismissed, we will not discuss any additional deficiencies we observe in the record of proceeding.
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.