dismissed
EB-3
dismissed EB-3 Case: Automobile Brokerage
Decision Summary
The appeal was summarily dismissed as abandoned because the Petitioner failed to respond to a Notice of Intent to Dismiss (NOID) within the allotted timeframe. The AAO had warned that failure to respond would result in a summary dismissal.
Criteria Discussed
Bona Fides Of The Job Opportunity Failure To Respond To Noid
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U.S. Citizenship and Immigration Services MATTER OF D-A-L-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: DEC. 29,2016 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, an automobile brokerage, seeks to employ the Beneficiary as an accounting clerk. It requests classification of the Beneficiary as a skilled worker under the third preference immigrant category. See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(i), 8 U.S.C. ยง 1153(b)(3)(A)(i). This category allows a U.S. business to sponsor a foreign national with at least 2 years of training or experience for lawful permanent resident status. The Director, Nebraska Service Center, denied the petition. The Director concluded that the record did not establish the bona.fides of the job opportunity. The matter is now before us on appeal. The Petitioner asserts that the Beneficiary lacks special relationships with its principals, indicating a clear availability of the offered position to U.S. workers. Upon review, we will summarily dismiss the appeal. On November 4, 2016, we mailed the Petitioner a notice of intent to dismiss (NOID) the appeal, with a copy to the attorney of record. The NOID notified the Petitioner of additional, derogatory information and another potential ground of dismissal. In the NOID, we afforded the Petitioner 33 days in which to respond and warned that we may summarily dismiss the appeal as abandoned if the Petitioner did not respond in the allotted timeframe. See 8 C.F.R. ยง 103.2(b)(l3) (authorizing summary dismissal where a petitioner does not respond to a notice of intent to deny); see also 8 C.F.R. ยง 103.2(b)(14) (authorizing a petition's denial where a petitioner does not submit requested evidence, precluding a material line of inquiry). As of this decision's date, we have not received a response. ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. ยง 1 03.2(b)(13). Cite' as Matter ofD-A-L-, Inc., ID# 12050 (AAO Dec. 29, 2016)
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