dismissed
EB-3
dismissed EB-3 Case: Accounting
Decision Summary
The appeal was summarily dismissed because the Petitioner failed to meet procedural requirements. The Petitioner did not provide a statement, brief, or any evidence that specifically identified an erroneous conclusion of law or statement of fact in the original decision, which is grounds for summary dismissal under 8 C.F.R. ยง 103.3(a)(1)(v).
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Fact
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U.S. Citizenship and Immigration Services MATTER OF A-M-A-S-, INC. APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 28. 2017 PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a software development company. seeks to employ the Beneficiary as an accountant. It requests classification of the Beneficiary as a professional under the third preference immigrant classification. S'ee Immigration and Nationality Act, section 203(b)(3)(A)(ii). 8 l!.S.C. ยง 1153(b)(3)(A)(ii). This employment-based immigrant classification allows a U.S. employer to sponsor a professional with a baccalaureate degree for lawful permanent resident status. The Director of the Texas Service Center initially approved the petition in 2009 but revoked it on January 31. 2017. The matter is now before us on appeal. Upon review. '"'e \viii 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 an erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. ยง 1 03.3(a)( 1 )(v). The Petitioner did not provide a statement in support of the appeal that specifically identities an erroneous conclusion of law or statement of fact in the decision being appealed. On the Form I-2908, Notice of Appeal or Motion. the Petitioner stated that a brief or additional evidence would be submitted within 30 days of the February 17. 2017. tiling date. However. we have not received anything further from the Petitioner to date. Because the Petitioner has not identified a specific. erroneous conclusion of law or statement of fact in the Director's decision below. the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 1 03.3(a)( I )(v). Cite as Matter olA-M-A-S-, Inc .. ID# 799444 (AAO Nov. 28. 2017)
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