dismissed
EB-3
dismissed EB-3 Case: Finance
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence to support the appeal after indicating it would do so. The petitioner did not specifically address the reasons for the initial denial, leading to the dismissal.
Criteria Discussed
Professional Position Requirements Beneficiary'S Educational Qualifications
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 D-.F-, LLC Non-Precedent Decision of the Administrative Appeals Office DATE: APR. 5, 2016 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a manufacturer/wholesaler of oral products for consumers and dentists, seeks to permanently employ the Beneficiary in the United States as a credit analyst. It requests classification of the Beneficiary as a professional under the third preference immigrant classification. See Immigration and Nationality Act (the Act), ยง 203(b )(3)(A)(ii), 8 U.S.C. ยง 1153(b )(3)(A)(ii). This employment-based immigrant classification allows a U.S. employer to sponsor a professional with a baccalaureate degree for lawful permanent resident status. The Director determined that the offered position required less than a baccalaureate degree and did not qualify for classification as a professional. The Director further determined that the Beneficiary did not possess a baccalaureate degree from any college or university and did not meet the minimum requirements for the offered position or qualify for classification as a professional. The matter is now before us on appeal. The Petitioner dated the appeal September 11, 2014. The Petitioner indicated on Form I-1290B that it would submit a supplemental brief and/or additional evidence within 30 days. As of this date, more than 18 months later, we have received nothing further. The regulation requires that any brief shall be submitted directly to us. 8 C.F.R. ยงยง 103.3(a)(2)(vii) and (viii). We will summarily dismiss the appeal. As stated in 8 C.F.R. ยง 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned does not identify specifically any erroneous conclusion oflaw or statement of fact for the appeal. The Petitioner here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. The appeal must therefore 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 D-.F-, LLC, ID# 16189 (AAO Apr. 5, 2016)
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.