dismissed
EB-3
dismissed EB-3 Case: Skilled Worker
Decision Summary
The initial petition was revoked because the petitioner failed to establish a continuing ability to pay the proffered wage and because documents submitted to establish the beneficiary's qualifications were found to be fraudulent. The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision.
Criteria Discussed
Ability To Pay Proffered Wage Beneficiary'S Qualifications Fraudulent Documents Procedural Grounds For Summary Dismissal
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i-tifying da*a deletedm prevent clearly mw 4 dpi-Y invasion of perSO PUBLlc COPY U.S. Department of IIomeland Security 20 Mass. Ave., N.W.. Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration File: m Office: CALIFORNIA SERVICE CENTER Date: MAY 1 6 2006 WAC-00-273-55 141 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. $ 1 153(b)(3) IN 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. ~dbert P. Wiemann, Chief Administrative Appeals Office Page 2 DISCUSSION: The Acting Director (Director), California Service Center, revoked the approval of 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(b)(3) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1153(b)(3) as a skilled worker. After properly issuing a notice of intent to revoke and considering the petitioner's responsive submissions, the director determined that the petitioner failed to establish its continuing ability to pay the proffered wage beginning on the priority date, and that documents submitted in connection with establishing the beneficiary's qualifications were fraudulent, and revoked the approval of the petition accordingly. On appeal, counsel indicated that he would not submit an additional brief and/or evidence to the AAO and stated the following: "[Citizenship and Immigration Services (CIS)] revoked the 1-140 petition in error. The petitioner response to the intent to revoke dated August 9, 2004 did overcome the grounds of revocation." As stated in 8 C.F.R. fj 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 revocation and has not provided any additional evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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