dismissed
EB-3
dismissed EB-3 Case: Agriculture
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the Director's decision, which is a requirement for an appeal under 8 C.F.R. ยง 103.3(a)(l)(v).
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Fact
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services MATTER OF R-S-F- LLC APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: MAR. 30,2018 PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a sod farm, seeks to employ the Beneficiary as farmworker. It requests classification of the Beneficiary as an unskilled worker under the third preference immigrant classification. See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(iii), 8 U.S.C. ยง 1153(b)(3)(A)(iii). Director of the Texas 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. ยง 103.3(a)(l)(v). The statement the Petitioner submitted in support of the appeal does not specifically identify an erroneous conclusion of law or statement of fact in the decision being appealed. On the Form I- 290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence is attached to the appeal. 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. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). Cite as Matter ofR-S-F- LLC, ID# 1356587 (AAO Mar. 30, 2018)
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.