dismissed
EB-3
dismissed EB-3 Case: Industrial Demolition
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's original decision. The petitioner's counsel simply stated they were appealing without providing a brief or substantive argument, which is grounds for dismissal under 8 C.F.R. ยง 103.3(a)(1)(v).
Criteria Discussed
Ability To Pay Summary Dismissal For Failure To Identify Error
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
identifying data deleted to prevent clearly unwarranted invasion of ped priv'~cy PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rrn. A3000 Washington, DC 20529 U.S. Citizenship and Immigration Services SRC 06 027 5 1648 PETITION: Immigrant Petition for Alien Worker as a Skilled Worker or Professional Pursuant to Section 203(b) of the Immigration and Nationality Act, 8 U.S.C. tj 1153(b) ON BEHALF OF PETITIONER: 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. 1 Robert P. Wiemann, Chief Administrative Appeals Office Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Texas Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. The petitioner seeks to classify the beneficiary pursuant to section 203(b)(3) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1153(b)(3) as a skilled worker or professional. The petitioner is a business involved in the demolition of industrial plants, ships, and barges. It seeks to employ the beneficiary permanently in the United States as a welding machine operator ARC. As required by statute, a Form ETA 750, Application for Alien Employment Certification, approved by the Department of Labor, accompanies the petition. The director determined that the petitioner had not established its continuing ability to pay the proffered wage from the priority date of April 30,2001. On appeal, counsel declines to provide a brief. Counsel states, "We are appealing the Service Center's decision." The regulation at 8 C.F.R. 8 103.3(a)(l)(v) provides that "[aln 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." In this case, counsel does not specifically address errors in the director's decision. As the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact as a basis for the appeal, the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed.
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.