remanded
EB-3
remanded EB-3 Case: Unknown
Decision Summary
The appeal was remanded on procedural grounds. The petitioner's counsel stated that they never received the director's denial decision. Consequently, the AAO remanded the case to the director to ensure proper notification of the decision was sent.
Criteria Discussed
Ability To Pay Proffered Wage
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U.S. Citizenship and Immigration PUBLIC COPY h PETITION: Immigrant petition for Alien Worker as a Slalled Worker or Professional pursuant to section 203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 3 1 153(b)(3) ON BEHALF OF PETITIONER: 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. Robert P. Wiemann, Chief Administrative Appeals Office , Page 2 Z DISCUSSION: The preference visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be remanded. The petitioner seeks to classify the beneficiary pursuant to section 203@)(3) of the Immigration and Nationality Act, 8 U.S.C. 5 1153@)(3), as a slulled worker. As set forth in the director's August 18, 2004 denial, the director determined that the petitioner failed to demonstrate a continuing ability to pay the proffered wage beginning on the priority date. On appeal, counsel states that neither the petitioner nor the petitioner's counsel received the director's decision in the instant matter. Therefore, the AAO will remand the case to the director to send proper notification of her decision in thts case. ORDER: The appeal is remanded to the director.
Draft your EB-3 petition with AAO precedents
MeritDraft uses real AAO decisions to generate compliant petition arguments tailored to your evidence.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.