dismissed
EB-3
dismissed EB-3 Case: Plant Nursery
Decision Summary
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner stated they would submit a brief or additional evidence but did not, and therefore failed to identify any specific erroneous conclusion of law or statement of fact in the original decision.
Criteria Discussed
8 C.F.R. ยง 103.3(A)(1)(V) (Failure To Identify Error)
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U.S. Citizenship and Immigration Services MATTER OF N-W-N-0-M- APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: APR. 2, 2018 PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a wholesa!6 plant nursery, seeks to employ the Beneficiary. It requests his classification as an "other worker" under the third-preference, immigrant category. See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(iii), 8 U.S.C. ยง 1153(b)(3)(A)(iii). The Director of the Texas Service Center denied the petition. The matter is now before us on appeal. Upon review, we will summarily dismiss the appeal. An otlicer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify speci tically any erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. ยง 103.3(a)(l)(v). On appeal, the Petitioner did not provide a statement in support of the appeal that specifically identifies an erroneous conclusion of law or fact in the decision. On the Form I-290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence would be submitted within 30 days of tiling. However, we have not received anything further from the Petitioner to date. Because the Petitioner has not identified any specific, erroneous conclusion of law or statement of fact in the Director's decision below, the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง I 03.3(a)( I )(v). Cite as Maller of N-W-N-0-M-, ID# 1432223 (AAO Apr. 2, 20 18)
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