dismissed EB-3

dismissed EB-3 Case: Skilled Worker

📅 Date unknown 👤 Organization 📂 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

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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. 
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