dismissed EB-3 Case: Culinary

MATTER OF A-S-&G-A-P-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 26, 2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a Japanese restaurant, sought to permanently employ the Beneficiary as a cook under 
the immigrant classification of a professional or skilled worker. See Immigration and Nationality Act 
203(b)(3)(A), 8 U.S.C. § 1153(b)(3)(A). The petition was initially approved on February 9, 2007. 
On September 17, 2014, following receipt of the Petitioner's response to a notice of intent to revoke 
the approval of the instant petition, the Director, Nebraska Service Center concluded that evidence in 
the record indicated that the Petitioner's president and the Beneficiary are related and that the failure 
to disclose this family relationship in Part C.9 of the labor certification constituted a willful 
misrepresentation of a material fact. Accordingly, the Director revoked the approval of the petition 
and invalidated the underlying labor certification. The matter is now before us on appeal. The 
appeal will be summarily dismissed as abandoned. 
On January 4, 2016, we issued the Petitioner a notice of intent to dismiss (NOID) the appeal. We 
informed the Petitioner that we intended to dismiss the appeal because the record did not 
demonstrate that a bona fide job offer existed and that the Beneficiary was qualified for the offered 
position. In the NOID, we requested evidence demonstrating: (1) that the instant position was fully 
open to U.S. workers; (2) that the Beneficiary had the experience required for the position offered; 
and (3) that the Petitioner had the continuing ability to pay the Beneficiary's proffered wage. 
On February 11, 2016, we received correspondence advising that counsel for the Petitioner had 
withdrawn representation in the instant matter. However, as of the date of this decision, the Petitioner 
has not responded to the NOID. Since the Petitioner did not respond to the NOID, the appeal will be 
summarily dismissed as abandoned pursuant to 8 C.P.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. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.P.R.§ 103.2(b)(13). 
Cite as Matter of A-S-&G-A-P-, Inc., ID# 10769 (AAO Feb. 26, 2016)