dismissed EB-3 Case: Personal Care

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-Q.B-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 17,2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an individual, seeks to employ the Beneficiary as personal care aid. She requests 
classification of the Beneficiary as an unskilled worker under the third preference immigrant 
classification. See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(iii), 8 U.S.C. 
§ 1153(b)(3)(A)(iii). 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 
less than two years of training or experience. 
The Director, Nebraska Service Center, denied the petltJOn. The Director concluded that the 
Petitioner did not establish her ability to pay the proffered wage. The Director also questioned 
whether the job offer was bona fide due to an undisclosed familial relationship between the 
Petitioner and the Beneficiary. We will summarily dismiss the appeal. 
On March 7, 2016, we sent the Petitioner a notice of intent to dismiss the appeal and request for 
evidence (NOID/RFE) with a copy to counsel of record. We informed the Petitioner that we 
required additional evidence of her ability to pay the proffered wage. We informed the Petitioner 
that further evidence was required to establish that the Beneficiary possessed the minimum 
requirements for the offered position. We also requested evidence that a bonafide job opportunity 
still existed. The NOID/RFE allowed the Petitioner 87 days in which to submit a response. We 
informed the Petitioner that, if she did not respond to the NOID/RFE, we may dismiss the appeal. 
As of the date of this decision, the Petitioner has not responded to the NOID/RFE. We may deny a 
petition if the Petitioner does not submit requested evidence that precludes a material line of inquiry. 
8 C.F.R. § 103.2(b)(14). Since the Petitioner did not respond to the NOID/RFE, the appeal will be 
summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3)(i). 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Brantigan, II I&N Dec. 493 
(BIA 1966); Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been 
met. 
Matter ofE-Q.B-
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3). 
Cite as Matter ofE-Q.B-, ID# 15780 (AAO June 17, 2016) 
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