Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2) ·
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must he made to that office.
If you believe the AAO inappropriately applied the law in reaching its decision, or you have additional 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 I-290B, Notice of Appeal or Motion, with a fee of $630. The specific requirements for filing such a motion can be found at 8 C.F.R. § 103.5. Do not file any motion directly with the AAO. Please be aware that 8 C.F.R. § 103.5(a)(l)(i) requires any motion to be filed within 30 days of the decision that the motion seeks to reconsider or reopen.
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Ron Rosenberg
Acting Chief, Administrative Appeals Offic
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed.
The petitioner is in a software services and development business. It seeks to employ the beneficiary permanently in the United States as an analytical strategist. As required by statute, a labor certification accompanied the petition. Upon reviewing the petition, the director determined that the petitioner failed to demonstrate that it had the continuing ability to pay the proffered wage at the time the priority date was established and continuing to the present.
The AAO issued a request for evidence (RFE) on January 16, 2013 requesting evidence to demonstrate the petitioner's ability to pay the proffered wage of $80,059.00 from the priority date, December 28, 2010 and onwards; and for evidence demonstrating its ability to pay the proffered wage for each additional beneficiary sponsored by the petitioner.1 The AAO also requested that the petitioner provide evidence to establish that the beneficiary possessed all the education, training, and experience specified on the labor certification as of the priority date.
This offiCe allowed the petitioner 12 weeks in which to provide the evidence requested. The notice was sent to the petitioner and to counsel's last known address. The petitioner was cautioned that without a meaningful response to the line of inquiry set forth in the RFE, the AAO would be unable to substantively adjudicate the appeal. To date, there has been no response to the AAO's RFE. The failure to submit requested evidence that precludes a material line of inquiry shall be grounds for denyingthe petition. See 8 C.F.R. § 103.2(b)(14). Because the petitioner failed to respond to the RFE and failed to provide the evidence requested, the AAO is dismissing the appeal.
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.