dismissed EB-2

dismissed EB-2 Case: Electronic Engineering

📅 Date unknown 👤 Company 📂 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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