dismissed
EB-3
dismissed EB-3 Case: Information Technology
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to provide a statement identifying any erroneous conclusion of law or fact in the original decision, nor did they submit a brief or additional evidence as required by 8 C.F.R. ยง 103.3(a)(l)(v).
Criteria Discussed
Beneficiary Qualifications Procedural Requirements For Appeal
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MATTER OF M- LTD. Non-Precedent Decision of the Administrative Appeals Office DATE: MAR. 22, 2016 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, an IT services company, seeks to employ the Beneficiary as a technical lead. It requests classification of the Beneficiary as a skilled worker under the third preference immigrant classification. See Immigration and Nationality Act (the Act) ยง 203(b)(3)(A)(i), 8 U.S.C. ยง 1153(b)(3)(A)(i). This employment-based immigrant classification allows a U.S. employer to sponsor a foreign national for lawful permanent resident status to work in a position that requires at least two years of training or expenence. The Director, Nebraska Service Center, denied the pet1t10n. The Director determined that the Beneficiary did not meet the minimum educational requirements of the job offered as set forth on the labor certification. Following the Petitioner's motion(s) to reopen and reconsider, the Director affirmed his denial ofthe petition. The matter is now before us on appeal. We will summarily dismiss the appeal. The Petitioner's appeal was filed on December 30, 2015. In Part 3 of the Form I-290B, as well as in an accompanying letter from counsel, the Petitioner indicated that a brief and/or additional evidence would be submitted to us within 30 days. Part 4 of the Form I-290B instructed the Petitioner, in pertinent part, as follows: On a separate sheet of paper, you must provide a statement regarding the basis for the appeal or motion. You must include your name and A-number or US CIS ELlS Account Number on the top of each sheet. Appeal: Provide a statement that specifically identifies an erroneous conclusion of law or fact in the decision being appealed. (Emphases in the original.) Despite these instructions on the Form I-290B, the Petitioner did not provide any statement in support of the appeal. Nor was any brief or additional evidence submitted within 30 days of the appeal, or any time up to the date of this decision. No further communication has been received from the Petitioner or counsel since the filing of the appeal on December 30, 2015. Matter of M- Ltd. The regulation at 8 C.F.R. ยง 103.3(a)(l)(v) provides that an appeal shall be srnnmarily dismissed "wh~n the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal." In this case the Petitioner has not identified any erroneous conclusion of law or any erroneous factual findings in the Director's decision. The Petitioner has not provided any additional evidence to be considered on appeal. In accordance with 8 C.F.R. ยง 103.3(a)(l)(v), therefore, the appeal will 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 M- Ltd., ID# 17 445 (AAO Mar. 22, 20 16) 2
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