dismissed EB-3 Case: Computer Consulting

U.S. Department of fEomeland Security 
20 Mass. Ave., N.W., Rm. A3000 
C Washington. DC 20529 
U.S. Citizenship 
and Immigration 
Services 
6 
SKA SERVICE CENTER Date: 
LIN 05 015 51592 
 KT 02 2006 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Immigrant Petition for Alien Worker as a Skilled Worker or Professional Pursuant to 
Section 203(b) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b) 
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 hrther 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, Nebraska Service Center, and is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 
The petitioner is a computer consulting business. It seeks to employ the beneficiary permanently in the 
United States as a programmer analyst. As required by statute, a Form ETA 750, Application for Alien 
Employment Certification approved by the Department of Labor (DOL), accompanied the petition. The 
director determined that the petitioner had not established its continuing ability to pay the proffered wage 
from the priority date and denied the petition accordingly. 
The record shows that counsel filed Form I-290B, ~otice of Appeal to the Administrative Appeals Office 
(AAO), with the Chicago District Office. 
The regulation at 8 C.F.R. 4 103.3(a)(2) states in pertinent part: 
AAU appeals in other than special agricultural worker and legalization cases -(i) Filing 
appeal. 
 The affected party shall file an appeal on Form I-290B. 
 Except as otherwise 
provided in this chapter, the affected party must pay the fee required by tj 103.7 of this part. 
The affected party shall file the complete appeal including any supporting brief with the 
office where the unfavorable decision was made within 30 days after service of the decision. 
In the instant case, the Fonn I-290B was filed with the District Office, and not with the office where the 
unfavorable decision was made (Nebraska). Therefore, the appeal is considered to be improperly filed and 
will be rejected. 
ORDER: The appeal is rejected.