dismissed
EB-3
dismissed EB-3 Case: Health Care
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific error of law or fact in the original decision as required by regulation. The petitioner merely stated they wanted a 'second chance' after not responding to a Request for Evidence, which is not a valid basis for an appeal.
Criteria Discussed
Failure To Respond To Rfe Failure To State Basis For Appeal Schedule A Labor Certification
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
ide&fjring data deleted p~vent clearly ~nwarraned bvmiaa of persod privacy US. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U.S. Citizenship and Immigration Office: TEXAS SERVICE CENTER Date: APR 0 2 2087 SRC 05 021 5 1083 PETITION: Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant to section 203@)(3) of the Immigration and Nationality Act, 8 U.S.C. 9 1 153@)(3) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS : This is the decision of the Administrative Appeals Office 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. V Robert P. Wiemann, Chief Administrative Appeals Office Page 2 DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center, and it is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summary dismissed. The petitioner is a health care business. It seeks to employ the beneficiary permanently in the United States as a registered nurse. The petitioner asserts that the beneficiary qualifies for blanket labor certification pursuant to 20 C.F.R. 5 656.10, commonly referred to as Schedule A, Group I, but no Alien Employment Application (U.S. Department of Labor, Form ETA 750 A/B) was submitted as required by 8 C.F.R. 4 204.5(1)(3)(i). The director determined that the petitioner had not provided additional evidence in response to a request for evidence issued February 22, 2005, and, that the petitioner had not established that the beneficiary had met the statutory and regulatory criteria for the preference category of registered nurse. Therefore, the director denied the petition accordingly. The petitioner submitted a Form I-290B appeal in this matter. In the section reserved for the basis of the appeal, the petitioner stated that the business wanted a second chance as it had not responded to the request for evidence' due to a personal matter. The petitioner selected on the appeal form the statement that indicated that it would not be submitting a brief or additional evidence. The petitioner'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. $ 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." The petitioner 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. Failure to submit requested evidence that precludes a material line of inquiry shall be grounds for denying the petition. 8 C.F.R. $ 103.2(b)(14).
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.