dismissed EB-3

dismissed EB-3 Case: Business Consulting

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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