The Petitioner, a physical therapy service, seeks to classifY the beneficiary as an immigrant under Section 203(b)(2) of the Immigration and Nationality Act (the Act), and employ the beneficiary permanently in the United States as a physical therapist. See Section 203(b )(2) of the Act, 8 U.S.C. § 1153(b)(2).
The Director, Nebraska Service Center, denied the petition. The matter is now before us on appeal. Upon review, we will summarily dismiss the appeal.
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. § 103.3(a)(l)(v). On the Form I-290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence would be submitted within 30 days of filing. However, we have not received anything further from the Petitioner to date. Because the Petitioner has not identified any specific, erroneous conclusion of law or statement of fact in the Director's decision below, the appeal must be summarily dismissed.
The burden of proof in these proceedings rests solely with the Petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not satisfied that burden and the appeal will be summarily dismissed.
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v).
Cite as Matter ofC-R-PT, P.C., ID# 263307 (AAO Dec. 22, 2016)