dismissed EB-3

dismissed EB-3 Case: Culinary

📅 Date unknown 👤 Company 📂 Culinary

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of law or statement of fact in the initial denial, which is a requirement for an appeal. Consequently, the appeal was dismissed without addressing the merits of the case.

Criteria Discussed

Ability To Pay Failure To Identify Error On Appeal

Sign up free to download the original PDF

View Full Decision Text
identifying dats dele@ to 
pmvent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
US. Department of Homeland Security 
20 Mass, N.W Rm. A3000 
Washington, DC 20529 
PETITION: Immigrant 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. $ 1153(b)(3) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Ofice 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, Chief 
Administrative Appeals Office 
DISCUSSION: The preference visa petition was denied by the Director, Vermont Service Center, and is 
now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner is a restaurant. It seeks to employ the beneficiary1 permanently in the United States as a Italian 
cook. 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. 
Counsel submitted a Form I-290B appeal in this matter. In the section reserved for the basis of the appeal, 
counsel asserted that petitioner had the continuing ability to pay the beneficiary the proffered wage beginning on 
the priority date of the visa petition. 
Counsel selected on the appeal form the statement that indicated that counsel would be submitting a bnef or 
additional evidence within 60 days, however, despite a request from the AAO for a brief andlor additional 
evidence from counsel, none was submitted. 
Counsel's statement on appeal contains no specific assignment of error. Alleging that the director erred in some 
unspecified way is an insufficient basis for an appeal. 
8 C.F.R. 4 103.3(a)(l)(v) states, in pertinent part: "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." 
Counsel has failed to identify specifically an erroneous conclusion of law or a statement of fact as a basis for the 
appeal and the appeal must be summarily dismissed. 
ORDER: 
 The appeal is summarily dismissed. 
1 
 The beneficiary is also called Maximino Castaneda Arnacende. 
- 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.