dismissed EB-3

dismissed EB-3 Case: Automobile Brokerage

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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