dismissed H-1B Case: Transportation

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: LIN 04 055 520 10 Office: NEBRASKA SERVICE CENTER Date: E=J 0 7 280:: 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 8 1 10 l(a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
LIN 04 055 52010 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal shall be summarily dismissed. 
The petitioner is a transportationltrucking business that seeks to employ the beneficiary as a marketing and 
business development director. The petitioner endea~ors to classify the beneficiary as a nonimmigrant worker in a 
specialty occupation pursuant to $ lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
tj 1 lOl(a)(lS)(H)(i)(b). The director denied the petition on the basis that the proffered position did not meet the 
definition of a specialty occupation. 
Counsel submitted a timely Form I-290B on May 3, 2004, and indicated that a brief andlor additional evidence 
would be submitted to the AAO within 30 days. As of this date, however, the AAO has not received any 
additional evidence into the record. Therefore, the record is complete. 
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. 8 C.F.R. 
tj 103.3(a)(l)(v). 
On the Form I-290B, counsel fails to specify how the director made any erroneous co~lclusion of law or statement 
of fact in denying the petition. As neither the petitioner nor counsel presents additional evidence on appeal to 
overcome the decision of the director, the appeal will be summarily dismissed in accordance with 8 C.F.R. 
tj 103.3(a)(l)(v). 
The burden of proof in this proceeding rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. tj 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.