dismissed EB-3

dismissed EB-3 Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Information Technology

Decision Summary

The initial petition was denied because the Director found the Beneficiary did not possess the required bachelor's degree for the position. The appeal was summarily dismissed because the Petitioner failed to submit a brief or any evidence identifying an erroneous conclusion of law or statement of fact in the original decision, as required by regulation.

Criteria Discussed

Beneficiary Qualifications (Education) Procedural Requirements For Appeal

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-T-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 16,2016 
PETITION: FORM l-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an IT service company, seeks to employ the Beneficiary permanently in the United 
States as a web based programmer. 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, Texas Service Center, denied the petition. 
The matter is now before us on appeal. We will summarily dismiss the appeal. 
The I-140 petition was filed on August 26, 2014. The petition was accompanied by an ETA Form 
9089, Application for Permanent Employment Certification, which was filed with the Department of 
Labor (DOL) on August 13, 2013, and certified by the DOL (labor certification) on March 20, 2014. 
On November 9, 2015, the Director denied the petition on the ground that the Beneficiary does not 
have the educational degree required by the labor certification - a bachelor's degree in computer 
programming- to qualify for the job offered. The Petitioner filed an appeal on Form I-290B. 
On the appeal form, and in an accompanying letter from counsel, the petitioner indicated that a brief 
and/or additional evidence would be submitted within 30 days.1 No such brief or evidence was 
submitted within 30 days, or at any time up to the date of this decision. 
The regulation at 8 C.F.R. ยง 103.3(a)(l)(v) provides that an appeal shall be summarily dismissed if 
the party concerned does not specifically identify 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 proved any 
additional evidence to be considered on appeal. In accordance with 8 C.F.R. ยง 103.3(a)(l)(v), 
therefore, we will summarily dismiss the appeal. 
1 
Part 4 of the Form 1-1208 requires that the petitioner provide a statement regarding the basis for the appeal. No such 
statement was provided with the Form 1-2908. 
Matter of C-T-, Inc. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). 
Cite as Matter ofC-T-, Inc. ID# 12374 (AAO Aug. 16, 2016) 
2 
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