dismissed H-1B

dismissed H-1B Case: Taekwondo

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

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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. 
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