dismissed EB-3 Case: Construction

U.S. Citizenship 
and Immigration 
Services 
MATTER OF 0-C-, LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 14, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
\ 
The Petitioner, a construction company, seeks to permanently employ the Beneficiary as a carpenter. 
It requests classification of the Beneficiary as a skilled worker under the third-preference immigrant 
category. See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(i), 8 U.S.C. § 
1153(b)(3)(A)(i). This classification allows a U.S. employer to sponsor a foreign national with at 
least 2 years of training or education for lawful permanent resident status. 
On August 25, 2010, the Director, Texas Service Center, denied the petition. The Director concluded 
that the record did not establish the Petitioner's continuing ability to pay the proffered wage from the 
petition's priority date onward. 
The matter is now before us on de novo, appellate review. Because the Petitioner did not respond to 
our notice of intent to dismiss (NOID), we will dismiss the appeal as abandoned. 
On July 11, 2016, we mailed the Petitioner the NOID, with a copy to counsel of record. The NOID 
informed the Petitioner of an additional potential ground of denial and the results of our consultation 
with the U.S. Department of Labor regarding the petition's priority date. The NOID allowed the 
Petitioner 33 days in which to submit a response. If it did not respond to the NOID, we informed the 
Petitioner that we may dismiss the appeal. We may deny a petition if a petitioner does not submit 
requested evidence that precludes a materia11ine of inquiry. 8 C.F.R. § 103.2(b)(14). 
As of this decision's date, the Petitioner has not responded to the NOID. Because the Petitioner did 
not respond to the NOID, we will dismiss the appeal as abandoned pursuant to 8 C.F.R. § 
1 03.2(b )(13)(i). 
In visa petition proceedings, a petitioner bears the burden of establishing eligibility for the benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 
2013). Here, the Petitioner did not meet that burden. 
ORDER: The appeal is dismissed. 
Cite as Matter ofO-C-, LLC, ID# 18467 (AAO Sept. 14, 2016)