Immigration I-140 Appeal

IMMIGRATION I-140 APPEAL

This Appeal is filed by Petitioner Name: (hereinafter "Petitioner"), whose mailing address is . The Beneficiary is Beneficiary Name: . Attorney of Record: , Bar Number: .

RECITALS

WHEREAS, Petitioner filed Form I-140, Immigrant Petition for Alien Worker, with Receipt Number: seeking classification as an immigrant under classification requested: ;

WHEREAS, an adverse decision denying the I-140 petition was issued by the adjudicating office on Date of Decision: , which Petitioner asserts contains errors of fact and law;

WHEREAS, Petitioner timely seeks review of that decision by filing this Appeal in accordance with the applicable appellate process and seeks reversal or remand to the adjudicating office for proper adjudication;

NOW THEREFORE

Petitioner respectfully submits this Appeal and states the following in support of reversal or remand of the denial:

1. JURISDICTION AND STANDARD OF REVIEW

1.1 Jurisdiction is invoked pursuant to the applicable statutory and regulatory provisions authorizing administrative appellate review of an adverse I-140 determination. Petitioner submits that the appellate authority has jurisdiction to review both legal and factual determinations and may remand for further factual development where material factual errors exist.

2. STATEMENT OF PROCEDURAL HISTORY

3. ISSUES ON APPEAL

Petitioner appeals the denial on the following principal grounds (check all that apply and provide supporting argument below):

Adjudicator erred in finding insufficient evidence to establish eligibility
Procedural or discretionary errors in application of legal standard
Misapplication of controlling legal precedent
Other:

4. STATEMENT OF FACTS

5. LEGAL ARGUMENT

5.1 Classification Sought: . Priority Date (if applicable):

6. EVIDENCE AND EXHIBITS

Petitioner submits the following exhibits in support of the Appeal (check all that apply and attach copies):

Labor Certification (if applicable)
Employer Support Letter
Payroll / Wage Records
Organizational Chart
Academic Transcripts and Degrees
Other Documents:

7. RELIEF REQUESTED

Petitioner respectfully requests that the appellate authority reverse the denial of the I-140 petition, or alternatively remand the matter to the adjudicating office for further proceedings consistent with the foregoing statements, findings, and applicable law.

8. CERTIFICATIONS AND REPRESENTATIONS

Petitioner certifies, under penalty of perjury under the laws of the United States, that the statements made in this Appeal and in the accompanying documentation are true and correct to the best of Petitioner's knowledge, information and belief. Petitioner authorizes Attorney of Record named above to represent Petitioner in this appellate proceeding and to receive correspondence and decisions on Petitioner's behalf.

9. GENERAL PROVISIONS

Governing Law: This Appeal and any matters related thereto shall be governed by applicable federal statute and administrative rules governing immigration benefits and appellate review.

Entire Agreement: This document, together with attached exhibits and any acknowledged filings, constitutes the entire presentation of Petitioner's appeal and supersedes any prior oral or written statements concerning the matters presented herein.

Severability: If any provision of this Appeal is held to be invalid or unenforceable, that provision shall be severable and shall not affect the validity or enforceability of the remaining provisions.

Amendments; Waiver; Counterparts: Any amendment to this Appeal must be in writing and signed by Petitioner or counsel. No waiver of any provision shall be effective unless in writing. This Appeal may be executed in counterparts, each of which shall be deemed an original.

NOTICES

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