dismissed EB-2

dismissed EB-2 Case: Nursing

📅 Date unknown 👤 Individual 📂 Nursing

Decision Summary

The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact as the basis for the appeal. The petitioner did not submit a brief, statement, or any evidence to challenge the director's initial decision.

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact

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View Full Decision Text
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PUBLIC cm 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington. DC 20529 
U. S. Citizenship 
and Immigration 
Services 
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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. 5 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. 
V 
q~obert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition. 
The matter is now before the Administrative Appeals Office 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. 9 1153(b)(2), as an alien of exceptional ability or a member of the professions holding an 
advanced degree. The petitioner seeks to employ the beneficiary as a registered nurse. The director found that 
the petitioner had failed to submit numerous required documents, and that therefore the petition could not be 
approved. 
We note that the petitioner filed the appeal on Form EOIR-29 rather than Form I-290B. It may be that the 
director mistakenly provided the wrong appeal form with the denial notice, but it is not clear whether this is the 
case. 
8 C.F.R. 5 103.3(a)(l)(v) states, in pertinent part, "[aln officer to whom an appeal is taken shall summarily 
dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or 
statement of fact for the appeal." 
On the appeal notice, the petitioner indicated that no separate brief or statement would be forthcoming. The 
petitioner also expressed, without elaboration, a desire for oral argument. A request for oral argument must set 
forth facts explaining why such argument is necessary to supplement the appeal. 8 C.F.R. 5 103.3(b). The 
request fails to set forth facts explaining why such argument is necessary, and the request must therefore be 
denied. 
The assertion that the petitioner desires oral argument is not sufficient basis for a substantive appeal. The 
petitioner's appellate submission includes no statement or evidence to indicate the basis for the appeal. 
Inasmuch as the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact 
as a basis for the appeal, the appeal must be summarily dismissed. 
ORDER: The appeal is dismissed. 
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