dismissed
EB-2
dismissed EB-2 Case: Engineering
Decision Summary
The appeal was dismissed because the petitioner failed to submit the required initial evidence with the petition, specifically evidence demonstrating that the beneficiary is a professional holding an advanced degree. The petitioner acknowledged this failure on appeal, but the AAO determined that failure to submit all required initial evidence is a legitimate basis for denial.
Criteria Discussed
Advanced Degree Submission Of Initial Evidence
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
identieing data deleted to prevent clearly unwarranted invasion of per ~nal privacy U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Office ofAdministrative Appeals MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: Office: TEXAS SERVICE CENTER Date: NOV 0 9 2009 SRC 08 207 51384 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. $ 1 153(b)(2) ON BEHALF OF PETITIONER: SELFREPRESENTED 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. $ 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 the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. $ 103.5(a)(l)(i). Chief, Administrative Appeals Office Page 2 DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center, and now the matter is before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner designs and manufactures ultrasonic instruments. It seeks to employ the beneficiary permanently in the United States as a research and development engineer (ultrasound). The director found that the petitioner had failed to submit all required initial evidence. Specifically, the director found that the petition was submitted without evidence to demonstrate that the beneficiary is a professional holding an advanced degree. The director denied the petition accordingly. On appeal, the petitioner has failed to identify any erroneous conclusion of law or statement of fact made by the director. The petitioner acknowledges that it failed to submit the required initial evidence, and states that its failure was due to a "preparation mistake." Although the petitioner has submitted a copy of the beneficiary's Doctor of Philosophy diploma on appeal, this does not change the fact that the petitioner failed to submit all required initial evidence with the petition. As stated in 8 C.F.R. 5 103.2(b)(8)(ii), where all required initial evidence is not submitted with the petition, USCIS may deny the petition for this reason. As stated in 8 C.F.R. fj 103.3(a)(l)(v), any appeal that fails to specifically identify any erroneous conclusion of law or statement of fact will be summarily dismissed. A review of the decision reveals that the director accurately set forth a legitimate basis for denial of the petition. On appeal, the petitioner has not specifically addressed the basis for denial. 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.