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DismissedEB-2 · Motion to reopen & reconsider

Occupation not stated

Other / unclear · decided 2013-03-28 · TSC · MAR282013_03B5203

Official PDF on uscis.gov

Decided under the old NYSDOT test, replaced by Matter of Dhanasar on Dec 27, 2016. Useful for background only.

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  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

The decision in brief

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What the AAO decided

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    Full decision

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    Highlighted: Outcome (3)Matter of X citation
    Decision header
    -;;;• _._ i_, · Date: MAR 2 8 2013 · IN RE: Petitioner: · Beneficiary: · Office: TEXAS SERVICE CENTER U.S. Department of Homeland Sl' l'urit~­ U.S. Citizenship and lmmigrarion Snvil"L'S Administrative Appeals Office (AAO) 20 Massachusclls 1\vc., N.W. , MS :?0110 Washingtnn. DC 20529-20'10 u.s. Citizenship and Immigration Services FILE: · PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advancl'd

    Degree or anAiien of Exceptional Ability Pursuant to Section 2<B(h)(2) of the Immigration and Nationality Act, 8 U.S .C. § 1153(b)(2) '

    ON BEHALF OF PETITIONER:

    SELF REPRESENTED

    INSTRUCTIONS:

    Enclosed please find the decision of the Administrative Appeals Office · in your case. All of the documenl~ related to this mat!er have been returned to the office that originally decided your case. Please he advised thai any further inquiry that you might have concerning your case must he made tc> that office. If you believe the AAO inappropriately applied the law in reaching its decision, or you have atlditinnal information that you wish to have considered, you may file a motion to reconsider or a motion to reopen in accordance with the instructions on Form 1-2908, Notice of Appeal or Motion, with a fcc of $630. The specilk requirements for filing such a motion can be found at 8 C.F.R. * 103.5. Do not tile any motion directly with the AAO. Please he aware that 8 C.F.R. § 103.S(a)(l)(i) requires any motion to he fikd wilhin 30 days of the decision that the motion seeks to reconsider or reopen.

    Thank you, am

    Ron Rosenberg

    Acting Chief, _Administrative Appeals Office www.uscis.gov p. 2 fti .... '.,

    DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. ·

    The petitioner is an international consulting company. It seeks to employ the beneficiary permanently in the United States as an administrative manager pursuan·t to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2). As required by statute, a labor certification accompanied the petition. The director determined that the record contained derogatory information relating to the beneficiary's qualifications. The director denied the petition accordingly. In a request for evidence (RFE) dated December 26, 2012, the AAO requested evidence to establish that the petitioner has the ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition and continuing up to the present.1 Specifically, the petitioner was instructed to submit tax returns or audited financial statements for the petitioner for 2010 and 2011 and Forms W-2 or 1099 (if any) for- the beneficiary for 2010, 2011, and 2012. This office also requested additional information to establish that the petitioner has the ability to pay the proffered wage of each beneficiary for whom the petitioner has filed an immigrant and nonimmigrant petition. This office allowed the petitioner 60 days in which to respond to the RFE.. In the RFE, the AAO specifically alerted the petitioner that failure to respond to the RFE could result in dismissal of the appeal. The failure to submit requested evidence that precludes a material line of inquiry shall be grounds for denying the petition. See 8 C.F.R. § 103.2(b)(14). More than 60 days have passed and the petitioner has failed to respond with .proof that it has the ability to pay the beneficiary the proffered wage.

    Thus, the appeal will be dismissed as abandoned. See also 8 C.F.R. § 103.2(b)( 13).

    The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The petitioner has not met that burden.

    ORDER: The appeal is dismissed.