dismissed
EB-3
dismissed EB-3 Case: Moving And Storage
Decision Summary
The director initially denied the petition because the petitioner had not established the ability to pay the proffered wage. The appeal was summarily dismissed because counsel failed to identify any specific error in the director's decision or submit any additional evidence.
Criteria Discussed
Ability To Pay Proffered Wage Summary Dismissal For Failure To Identify Error
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laentifylng oats Ge~$:w tcr prevent dearly unwsrragter bdn of wrsonal prlv~ pmcIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U.S. Citizenship and Immigration FILE: Office: VERMONT SERVICE CENTER EAC 05 248 52073 Date: SEP 1 3 2006 PETITION: Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant to section 203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 9 1 153(b)(3) 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. ~bbert P. Wiemann, Chief Administrative Appeals Office Page 2 DISCUSSION: The director denied the employment-based preference visa petition, and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner is a moving and storage company. It seeks to employ the beneficiary permanently in the United States as a shipping and receiving clerk. As required by statute, a Form ETA 750, Application for Alien Employment Certification approved by the Department of Labor, accompanied the petition. The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition and denied the petition accordingly. On appeal, counsel states that the beneficiary is away and he needs more time to prepare any additional available evidence. Counsel also indicates on the Form I-290B that she is not submitting a separate brief. Counsel dated the appeal February 25,2006. As of this date, more than 6 months later, the AAO has received nothing further. As stated in 8 C.F.R. 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. She has not even expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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