dismissed
EB-2
dismissed EB-2 Case: Architecture
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision. Although the petitioner claimed the decision was incorrect, they did not submit a brief or any additional evidence to support the appeal.
Criteria Discussed
Job Requires Advanced Degree Or Equivalent Failure To Identify Error On Appeal
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U.S. Department of Homeland Security iwfLing data deleted to U. S Citizenship and Immigration Sew~ces Office ofAdmrn~stratzve Appeals MS 2090 prevent clearly ul..rl-ted Washington, DC 20529-2090 invasion ofpersomi pivac). U.S. Citizenship and Immigration PUBLIC COPY 9 5- PETITION: Immigrant petition for Alien Worker as a Member of the Professions Holding an Advanced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. tj 1 153(b)(2) ON BEHALF OF PETITIONER: SELF REPRESENTED 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. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 9 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. tj 103.5(a)(l)(i). chief, Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner is an architectural interiors and planning firm. It seeks to employ the beneficiary permanently in the United States as an intermediate designer, pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(2). The petition is accompanied by a Form ETA 750, Application for Alien Employment Certification, which was approved by the Department of Labor (DOL). The director determined that the certified Form ETA 750 indicated that at a minimum the petitioner will accept a bachelor's degree in architecture or two years of experience. The director determined that the Form ETA 750 failed to demonstrate that the job requires a professional holding an advanced degree or the equivalent of an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability. 8 C.F.R. 5 204.5(k)(4). The director denied the petition accordingly. On June 9, 2008, files a Form I-290B; however there is no Form G-28, Notice of Entry of Appearance as Attorney or Re resentative for in the record. Therefore the petitioner is considered self-represented. states that the director has incorrectly interpreted the facts of the instant case and made an incorrect decision, and indicates that no supplemental brief andlor additional evidence will be submitted. As stated in 8 C.F.R. tj 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. The petitioner has provided no further explanation of any erroneous conclusion of law or statement of fact. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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