dismissed
EB-3
dismissed EB-3 Case: Skilled Worker
Decision Summary
The initial petition was denied because the director determined the petitioner could not demonstrate its ability to pay the proffered wage. The appeal was summarily dismissed because the petitioner failed to submit a brief or any supporting documentation after filing the appeal, and thus did not identify any specific error in the director's decision.
Criteria Discussed
Ability To Pay Proffered Wage
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identifying data deleted to prevent clearly ~mwmtsd invasion of personal privacy PUBLIC COPY U.S. Department of Ifomeland Security 20 Mass. Ave.. N.W., Rm. 3000 Wash~ngton, DC 20529 U. S. Citizenship and Immigration Services 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. $ 1153(b)(3) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. Robert P. Wiemann, Chief Administrative Appeals Office EAC-04-157-53117 Page 2 DISCUSSION: The Director, Vermont Service Center, denied the immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner seeks to classify the beneficiary pursuant to section 203(b)(3) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1153(b)(3) as a slulled worker. The director determined that the petitioner could not demonstrate its ability to pay the beneficiary the proffered wage fiom the priority date until the beneficiary obtains permanent residence. On appeal, the petitioner provided, "We wish to submit evidence that we do have the ability to pay and to have the Administrative Appeals Unit reconsider the denial. We will submit a brief with 30 days and supporting documentation." The appeal was filed on May 18, 2005. As of this date, more than seventeen months after filing the appeal, the AAO has received nothng further. As stated in 8 C.F.R. 3 103.3(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. The petitioner here has not addressed the reasons stated for denial and has not provided any additional evidence to identify the specific erroneous conclusion of law. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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