dismissed EB-3 Case: Business Administration

MATTER OF 0-0- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 22, 2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a wholesaler of women's footwear, seeks to employ the Beneficiary as an operation 
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). This employment-based immigrant classification allows a U.S. employer to 
sponsor a professional with a baccalaureate degree for lawful permanent resident status. 
The Director, Nebraska Service Center, denied the petition. The Director concluded that the 
Petitioner had not established that the Beneficiary possessed the required five years of experience in 
the job offered. 
The matter is now before us on appeal. On appeal, the Petitioner states that the labor certification did 
not require that the Beneficiary possessed five years of experience in the job offered, but that it required 
five years of experience in the field of study, Business Administration. We will summarily dismiss the 
appeal. 
On November 30, 2015, we sent the Petitioner a request for evidence (RFE) with a copy to counsel 
of record. In the RFE, we addressed the Petitioner's statement that the labor certification required five 
years of experience in the field of study, Business Administration, but we noted that the evidence in the 
record did not demonstrate that the Beneficiary met this requirement. Accordingly, we provided the 
Petitioner an opportunity to submit this evidence. The RFE allowed the Petitioner 87 days in which to 
submit a response. We informed the Petitioner that we may dismiss the appeal if it did not respond 
to the RFE within the time allotted. 
As of the date of this decision, the Petitioner has not responded to our RFE. Because the Petitioner 
has not responded to the RFE, the appeal will be summarily dismissed as abandoned pursuant to 
8 C.F.R. § 103.2(b)(13)(i). 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
Matter of 0-0- Corp. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter of0-0- Corp., ID# 14932 (AAO Mar. 22, 2016) 
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