dismissed
EB-3
dismissed EB-3 Case: 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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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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