dismissed EB-3 Case: Budget Analysis

MATTER OF B-G-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 5, 2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a general merchandise wholesale company, seeks to employ the Beneficiary as a budget 
analyst. It requests classification of the Beneficiary as a professional under the third preference 
immigrant classification. See Immigration and Nationality Act (the Act) § 203(b)(3)(A)(ii), 8 U.S.C. 
§ 1153(b)(3)(A)(ii). The Director, Nebraska Service Center, denied the petition. The matter is now 
before us on appeal. We will summarily dismiss the appeal. 
The Form I-140 petition was filed on September 7, 2007. The petition was accompanied by an ETA 
Form 9089, Application for Permanent Employment Certification, which was filed with the Department 
ofLabor (DOL) on March 29, 2007, and certified by the DOL (labor certification) on April2, 2007. 
On July 31, 2009, the Director denied the petition on the ground that the Petitioner did not establish 
its continuing ability to pay the proffered wage from the priority date of the petition (March 29, 
2007) onward. The Petitioner filed a timely appeal, along with a brief and supporting documents. 
On December 21, 2015, we issued a notice of intent to dismiss and request for evidence 
(NOID/RFE). We requested documentary evidence that the Petitioner is currently in business and in 
good standing with the State of California, as well as additional documentation to establish the 
Petitioner's ability to pay the proffered wage of the job offered from the priority date up to the 
present, and to resolve conflicting evidence regarding the Beneficiary's employer in 2007. The 
Petitioner was afforded 87 days to respond. 
The Petitioner did not respond to the NOID/RFE within the 87-day period allowed, or at any time up 
to the date of this decision. If a petitioner fails to respond to a request for evidence or a notice of 
intent to deny by the required date, the petition may be summarily denied as abandoned, denied 
based on the record, or denied for both reasons. See 8 C.F.R. § 1 03.2(b )(13)(i). Accordingly, the 
appeal will be summarily dismissed. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter ofB-G-, Inc., ID# 15607 (AAO Apr. 5, 2016)