dismissed
EB-1B
dismissed EB-1B Case: Engineering
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence, and did not specifically identify any errors of law or fact in the director's decision. This failure to prosecute the appeal as required by regulations led to the dismissal.
Criteria Discussed
International Recognition As Outstanding Offer Of Permanent Employment
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
identifying data deleted to prevent clearly unwarranted inv- of ~:.-wtrhi privacy U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rrn. 3000 Washington, DC 20529 U.S. Citizenship and Immigration Services FILE: LIN 06 069 5 1555 Office: NEBRASKA SERVICE CENTER Date: FE~ 2007 IN RE: 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. 8 1 153(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. Ld"-6\h. Y~obert P. Wiemann, Chief Administrative Appeals Office LIN 06 069 51555 Page 2 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 manufacturer of powered surgical instruments. It seeks to classify the beneficiary as an outstanding researcher pursuant to section 203(b)(l)(B) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(B). The petitioner seeks to employ the beneficiary permanently in the . United States as a process engineer. The director determined that the petitioner had not established that the beneficiary is recognized internationally as outstanding in his academic field, as required for classification as an outstanding researcher. The director also determined that the petitioner had not established that it had offered the beneficiary a permanent job as of the date of filing. On appeal, counsel merely stated that the evidence of record was sufficient and that he would submit a brief andlor evidence to the Administrative Appeals Office (AAO) within 30 days. The director received the appeal on September 19, 2006. As of February 8, 2007, more than four months later, the AAO had received nohng hrther. 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 within five business days may result in the summary dismissal of the appeal. In response, counsel advised that he did not file a brief or submit evidence in support of the appeal. As stated in 8 C.F.R. 5 103.3(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.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.