dismissed
EB-3
dismissed EB-3 Case: Unknown
Decision Summary
The petitioner's owner submitted a letter stating that the beneficiary's employment had been terminated and that they were no longer sponsoring the individual. The AAO treated this letter as a request to withdraw the appeal. The request was granted, and the appeal was formally withdrawn, leaving the original denial of the petition in place.
Criteria Discussed
Withdrawal Of Appeal
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ldeothiying data deleted to prevent clearly unwarranted invasion of personal privacy PUBLIC Copy U.S. Department of Homeland Security 20 Mass, Rm. A3042,425 I Street, N.W. Washington, DC 20529 U.S. Citizenship and Immigration Services PETITION: 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 . 5 1 1 53(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. @ll.-@l R be P. Wiemann, Director Administrative Appeals Office Page 2 DISCUSSION: The visa petition was denied by the Director, Vermont Service Center on May 26,2004. The matter is now before the AAO on appeal. On February 1 1,2005, before any decision, the petitioner's owner, sent a letter to the director, which was received by the director on February 14,2005. The letter was then forwarded to the AAO. The letter states in pertinent part as follows: Please be advised that the above mentioned beneficiary: [the beneficiary] is no longer being sponsored by [the petitioner] for employment at it's place of business and therefore we assume no further responsibility for this person. [The beneficiary] was terminated on December 12, 2004, see attached termination letter. (Letter from petitioner's owner, Feb. 1 1,2005). The evidence indicates that the petitioner is a sole proprietorship. The petitioner's owner therefore has legal authority to act on behalf of the petitioner. The February 1 1,2005 letter from the petitioner's owner will be deemed to be a request that the appeal be withdrawn. The request is granted and the appeal is withdrawn. The withdrawal may not be retracted, as 8 CFR 5 103.2(b)(6). ORDER: The appeal is withdrawn. The petition remains denied.
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