dismissed EB-3 Case: Software Consulting

1dentUying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass, N. W. Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
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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) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. A11 documents have been 
returned to the ofice that originally decided your case. Any further inquiry must be made to that 
office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center, and is 
now before the Administrative Appeals Ofice on appeal. The appeal will be dismissed. 
The petitioner is a software-consulting corporation. It seeks to employ the beneficiary permanently in the 
United States as a programmer analyst. As required by statute, the petition is accompanied by a Form ETA 
750, Application for Alien Employment Certification, approved by the U. S. Department of Labor. The 
director determined that the petitioner had not established that it had the continuing ability to pay the 
beneficiary the proffered wage beginning on the priority date of the visa petition. The director denied the 
petition accordingly. 
U.S. Citizenship and Immigration Services (CIS) has learned that the U.S. Department of Labor has, as the 
result of its investigation, made a finding that the petitioner has failed to follow requirements set forth at 
Section 212(n)(l) of the Immigration and Nationality Act (Act) andlor misrepresented a material fact as part 
of an application before the U. S. Department of Labor. Therefore, pursuant to Section 212(n)(2)(C)(ii) of the 
Act, immigrant and nonimmigrant petitions shall not be approved with respect to the named employer, in this 
case, the petitioner. 
The U. S. Department of Labor has informed CIS that the prohibition of the approval of the petitions from the 
petitioner will last from August 1, 2005 until July 3 1, 2007. Therefore, CIS is precluded from approving the 
instant petition. Section 291 of the Act, 8 U.S.C. 5 1361. 
ORDER: The appeal is summarily dismissed.