dismissed
EB-3
dismissed EB-3 Case: Business Consulting
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or identify any specific erroneous conclusions of law or statements of fact in the director's initial decision. The initial denial was based on the petitioner's failure to establish a continuing ability to pay the proffered wage, and no new evidence was submitted on appeal to overcome this finding.
Criteria Discussed
Ability To Pay Proffered Wage Summary Dismissal
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 identifjling data deleted to prevent clearly unwamnted invasion of personal privacy U. S. Citizenship and Immigration Services PUBLIC COP* Office: TEXAS SERVICE CENTER Date: APf? 1 0 m)7 SRC 04 116 52641 PETITION: Petition for Alien Worker as a Skilled Worker or Professional Pursuant to Section 203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 5 1153(b)(3) ON BEHALF OF PETITIONER: 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, thief Administrative Appeals Office SRC 04 1 16 52641 Page 2 DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner is a provider of business consulting services. It seeks to employ the beneficiary permanently in the United States as an international business manager. As required by statute, a Form ETA 750, Application for Alien Employment Certification approved by the Department of Labor, accompanied the petition. 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 and denied the petition accordingly. On appeal, counsel states that the director incorrectly denied the petition, and that the issues will be discussed in the attached brief. Counsel submits previously submitted documentation including the petitioner's federal tax returns and bank statements. 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. 8 C.F.R. Cj 103.3(a)(l)(v). Counsel's statement is noted. The record, however, does not contain a brief or any discussion of the issues. As such, counsel does not specify how the director made any erroneous conclusion of law or statement of fact in denying the petition. As the petitioner does not present additional evidence on appeal to overcome the decision of the director, the appeal will be summarily dismissed in accordance with 8 C.F.R. ยง 103.3(a)(l)(v). ORDER: The appeal is dismissed.
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