remanded EB-3

remanded EB-3 Case: Unknown

📅 Date unknown 👤 Company 📂 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

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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. 
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