dismissed
EB-3
dismissed EB-3 Case: Skilled Worker
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petitioner did not identify any specific erroneous conclusion of law or statement of fact from the director's initial decision, which was based on the beneficiary's lack of required experience.
Criteria Discussed
Beneficiary Experience Requirements Failure To Submit Brief/Evidence On Appeal
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rrn. 3000 Washington, DC 20529 U.S. Citizenship and Irmnigration 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. 4 1153(b)(3) IN BEHALF OF PETITIONER: INSTRUCTIONS : This is the decision of the ~dminiwtive Appeals OMice in your case. All documents have been returned to the office that originally decided ydur case. Any further inquiry must be made to that office. Administrative Appeals Office DISCUSSION: The Director, California Service Center, denied the immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks to classify the beneficiary pursuant to section 203@)(3) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153@)(3) as a skilled worker. The director determined that the petitioner failed to establish that the beneficiary meets the experience requirements for the proffered position and denied the petition accordingly. On appeal, the petitioner indicated that it would submit a brief and/or evidence to the AAO within 30 days. The petitioner dated the appeal June 14, 2005. As of this date, more than seventeen (17) months later, the AAO has received nothing further. The AAO sent a fax to counsel of record on October 23,2006 informing counsel that no separate brief andlor evidence was received to confirm whether or not he would send anything else in this matter, and as a courtesy, providing him with five (5) days to respond. To date, five (5) weeks later, no reply has been received despite the fax expressly indicating that "failure to respond to this notice within five business days may result in the summary dismissal of your appeal." 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 conclusia of law or statement of fact for the appeal. The petitioner here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. The petitioner has not even expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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