dismissed
EB-3
dismissed EB-3 Case: Skilled Worker
Decision Summary
The initial petition was denied because the director determined the petitioner had not established its ability to pay the proffered wage. The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any additional evidence to contest the denial, as required.
Criteria Discussed
Ability To Pay Proffered Wage Failure To Submit Evidence On Appeal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration Services FILE: EAC 04 180 50793 Office: VERMONT SERVICE CENTER Date: IN RE: 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: 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, Director Administrative Appeals Office EAC 04 180 50793 Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service Center, and 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. 9 1153(b)(3), as a skilled worker. The director determined that the petitioner had not established its ability to pay the proffered wage continuously from the priority date. On appeal, counsel merely stated that he would submit a brief andlor evidence to the AAO withn 30 days. Counsel dated the appeal October 20, 2004. As of this date, more than 17 months later, the AAO has received nothing further. On March 6, 2006, the AAO faxed counsel an inquiry asking counsel whether he had sent the brief and/or additional evidence, as promised, to which counsel reply made no reply. As stated in 8 C.F.R. tj 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. He has not expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.