dismissed
EB-3
dismissed EB-3 Case: Culinary Arts
Decision Summary
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not submit a brief or statement identifying any specific error of law or fact in the director's decision, as required by regulation 8 C.F.R. ยง 103.3(a)(l)(v).
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Fact
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services MATTER OF J&BR-P- APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: AUG. 25, 2017 PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a restaurant, seeks to employ the Beneficiary as a cook. It requests classification of the Beneficiary as a professional under the third preference immigrant classification. See Immigration and Nationality Act (the Act), section 203(b)(3)(A)(ii), 8 U.S.C. ยง 1153(b)(3)(A)(ii). The Director of the Texas Service Center denied the petition. The matter is now before us on appeal. Upon review, we will summarily dismiss the appeal. 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. ยง 103.3(a)(l)(v). On appeal, the Petitioner did not provide a statement in support of the appeal that specifically identifies an erroneous conclusion of law or fact in the decision. On the Form I-290B, Notice of Appeal or MotioR, the Petitioner stated that a brief or additional evidence would be submitted within 30 days of filing. However, we have not received anything further from the Petitioner to date. Because the Petitioner has not identified any specific, erroneous conclusion of law or statement of fact in the Director's decision below, the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). Cite as Matter of J&BR-P-, ID# 613946 (AAO Aug. 25, 2017)
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.