dismissed EB-1B

dismissed EB-1B Case: Academic Research

📅 Date unknown 👤 Organization 📂 Academic Research

Decision Summary

The appeal was summarily dismissed for procedural reasons. The petitioner's counsel stated they would submit a brief and/or evidence within 30 days but failed to do so for over a year, and also failed to respond to a subsequent inquiry from the AAO.

Criteria Discussed

International Recognition As Outstanding Significance Of Research Permanent Job Offer

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View Full Decision Text
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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