dismissed
EB-1B
dismissed EB-1B Case: Academic Research
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence to support the appeal. Counsel did not identify any specific erroneous conclusion of law or statement of fact from the original denial, even after being given more than a year to do so.
Criteria Discussed
International Recognition Significance Of Research Permanent Job Offer Summary Dismissal
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US. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration Services FILE: Office: NEBRASKA SERVICE CENTER Date: N6 ., &,at,; PETITION: Immigrant Petition for Alien Worker as Outstanding Professor or Researcher Pursuant to Section 203(b)(l)(B) of the Immigration and Nationality Act, 8 U.S.C. 3 1153(b)(l)(B) ON BEHALF OF PETITIONER: INSTRUCTIONS: 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, Director i Administrative Appeals Office 'J DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. The petitioner is a private university. It seeks to classify the beneficiary as an outstanding professor or researcher pursuant to section 203(b)(l)(B) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1153(b)(l)(B). The petitioner seeks to employ the beneficiary permanently in the United States as a research associate professor. The director determined that the petitioner had not established the significance of the beneficiary's research, or that the beneficiary is recognized internationally as outstanding in his academic field, as required for classification as an outstanding researcher or that the petitioner had offered the beneficiary a permanent job. On appeal, counsel merely stated that she would submit a brief andlor evidence to the Administrative Appeals Office (AAO) within 30 days. Counsel dated the appeal June 23, 2004. As of July 28, 2005, more than one year later, the AAO had received nothing further. Thus, on that date, this office contacted counsel by facsimile, advising that we had received no additional materials, inquiring as to whether anything had been submitted and requesting a copy of any additional materials submitted. The facsimile advised that failure to respond to our inquiry withn five business days may result in the summary dismissal of the appeal. As of this date, approximately three weeks later, this office has received no response. As stated in 8 C.F.R. fj 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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