dismissed EB-3 Case: Woodworking

MATTER OF A-C-C-W-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 19, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a sole proprietor who provides woodworking services, seeks to permanently employ the 
Beneficiary as a custom cabinet maker under the immigrant classification of skilled worker. See 
Immigration and Nationality Act (the Act) § 203(b )(3)(A)(i), 8 U.S.C. § 1153(b )(3)(A)(i). The 
Acting Director, Texas Service Center, denied the petition. The matter is now before us on appeal. 
The Acting Director concluded that the record did not establish the Petitioner's continuing ability to 
pay the proffered wage from the petition's priority date onward. Accordingly, the Acting Director 
denied the petition on May 31, 2011. Upon de novo review, we will summarily dismiss the appeal 
as abandoned. 
On December 23, 2015, we sent the Petitioner a notice of intent to dismiss the appeal (NOID), with a 
copy to counsel of record. The NOID informed the Petitioner of our intention to dismiss the appeal 
because the record did not establish its ability to pay the proffered wage or the Beneficiary's 
qualifying experience for the offered position. The NOID also informed the Petitioner that the 
accompanying labor certification lacked the required signatures, including the Petitioner, the 
Beneficiary, and counsel. The NOID allowed the Petitioner 33 days in which to respond. We 
informed the Petitioner that we may dismiss the appeal if a timely response was not received. 
As of the date of this decision, we have not received a response to our NOID from the Petitioner. 
Not submitting requested evidence that precludes a material line of inquiry is grounds for denying a 
petition. 8 C.P.R. § 103.2(b)(14). Because the Petitioner did not respond to the NOID, the appeal 
will be summarily dismissed as abandoned pursuant to 8 C.P.R. § 103.2(b)(13)(i). 
In visa petition proceedings, a petitioner bears the burden of establishing eligibility for the 
immigration benefit sought. INA§ 291, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F .R. § 103 .2(b )(13 ). 
Cite as Matter L!f A-C-C-W-, ID# 15349 (AAO Feb. 19, 2016)