dismissed EB-2

dismissed EB-2 Case: Not Specified

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Not Specified

Decision Summary

The director denied the petition for failure to demonstrate the ability to pay the proffered wage. The appeal was summarily dismissed because the petitioner did not specifically address the reasons for the denial or provide any additional evidence.

Criteria Discussed

Ability To Pay

Sign up free to download the original PDF

View Full Decision Text
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
FILE: - office: NEBRASKA SERVICE CENTER Date: DEC 0 8 2009 
LIN 07 036 53879 
IN RE: 
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@)(2) 
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. 
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. fj 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. fj 103.5(a)(l)(i). 
Chief, Administrative Appeals Office 
Page 2 of 2 
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 seeks to classify the beneficiary pursuant to section 203(b)(2) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(2) as a member of the professions holding an 
advanced degree or an alien of exceptional ability. The director determined that the petitioner 
failed to demonstrate that it had the ability to pay the beneficiary the proffered wage beginning on 
the priority date. 
On appeal, the petitioner merely stated that it has the ability to pay the beneficiary the proffered 
wage due to its cash basis method of accounting and its bank account statement balances. 
The petitioner submitted the appeal on July 10,2007. As of this date, approximately two and a half 
years later, the AAO has received nothing fh-ther. 
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 identifjr specifically any erroneous conclusion of law or statement of fact for the 
appeal. 
The petitioner 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. 
Using this case in a petition? Let MeritDraft draft the argument →

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.