dismissed
EB-2
dismissed EB-2 Case: Electronic Engineering
Decision Summary
The director denied the petition for failing to establish a continuing ability to pay the proffered wage. The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or fact and did not submit any additional evidence as promised.
Criteria Discussed
Ability To Pay Proffered Wage
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U.S. Department of Homeland Security 20 Mass. Ave.. N.W.. Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration Services I FILE: Office: CALIFORNIA SERVICE CENTER Date: 3EC 1 9 2f~cj: 13 PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. 3 1 153(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to theaffice that originally decided your case. -Any further inq;iry must be made to that office. <,'v Administrative Appeals Office Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. The petitioner seeks to employ the beneficiary permanently in the United States as an electronic engineer pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. !j 1 153(b)(2). In pertinent part, section 203(b)(2) of the Act provides immigrant classification to members of the professions holding advanced degrees or their equivalent and whose services are sought by an employer in the United States. As required by statute, the petition was accompanied by certification fi-om the Department of Labor. The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage begnning on the priority date of the visa petition and denied the petition accordingly.. On appeal, the petitioner stated that he would submit a evidence to the Adrmnistrative Appeals Office (AAO) withn 30 days. The director received the appeal July 22, 2005. As of this date, nearly five months later, the AAO has received nothng fbrther. As stated in 8 C.F.R. !j 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. The petitioner here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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