dismissed
EB-2
dismissed EB-2 Case: Professional Services
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific error of law or fact in the director's decision. Counsel did not submit a brief or additional evidence, thereby failing to meet the procedural requirements for an appeal.
Criteria Discussed
Ability To Pay Procedural Requirements For Appeal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
(b)(6) DATE: JUL 3 1 2014 INRE: Petitioner: Beneficiary : OFFICE : TEXAS SERVICE CENTER U.S. L)epartmcnt or Homeland Security U.S. Citizenship and Immigration Servic e Admini strative Appeals Office (AAO) 20 Massachusett s Ave. , N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE : 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. ยง 1153(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case . This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to your case or ยท if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen , respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/f(Hยทms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. ยง 103.5. Do not file a motion directly with the AAO. Thank you, /W~ Ron Rosenberg Chief, Administrative Appeals Office (b)(6) NON-PRECEDENT DECISION DISCUSSION: The Director, Texas Service Center (the director) denied the immigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal . The appeal will be summarily dismissed. The petitioner requests classification of the beneficiary as an advanced degree professional pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(2). The director determined that the petitioner failed to demonstrate a continuing ability to pay the proffered wage beginning on the priority date. Counsel made no statement of the basis for the appeal. On the cover letter accompanying the Form I-290B, Notice of Appeal or Motion , counsel merely states the she submits the Notice of Appeal and has attached a copy of the director's decision. Counsel indicated that she would not be filing a brief and/or additional evidence. Therefore, the record on appeal is complete. As stated in 8 C.F.R. ยง 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. She has not even expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is summarily 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.