dismissed
EB-3
dismissed EB-3 Case: Automotive Repair
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific error in the director's decision. The petitioner left the section for the basis of the appeal blank and did not submit a brief or additional evidence.
Criteria Discussed
Ability To Pay Proffered Wage Failure To State A Basis For Appeal
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identifying data deleted to prevent clearly unwarrarmted invasion of personal privacy PUBLIC COPY U.S. Department of Homeland Security 20 Mass, N. W. Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration Services Office: VERMONT SERVICE CENTER Date: MAY 1 6 21106 EAC 04 243 51 118 IN RE: PETITION: Immigrant Petition for Alien Worker as an Other, Unskilled Worker Pursuant to 9 203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 8 1 153(b)(3) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. Robert P. Wiemann, Chief Administrative Appeals Office Page 2 DISCUSSION: The preference visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. The petitioner is an automobile body repair shop. It seeks to employ the beneficiary permanently in the United States as an automobile repair technician. As required by statute, the petition is accompanied by a Form ETA 750, Application for Alien Employment Certification, approved by the U. S. 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 beginning on the priority date of the visa petition. The director denied the petition accordingly. The petitioner submitted a Form I-290B appeal in this matter. In the section reserved for the basis of the appeal, the petitioner left this section blank. The petitioner indicated by a check box that he was going to submit additional evidence or a brief within 30 days but he has not done so. The petitioner's statement on appeal contains no specific assignment of error. Alleging that the director erred in some unspecified way is an insufficient basis for an appeal. 8 C.F.R. 5 103.3(a)(l)(v) states, in pertinent part: 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. The petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact as a basis for the appeal and the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed. ORDER: The appeal is dismissed.
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