dismissed EB-2

dismissed EB-2 Case: Professional Services

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

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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. 
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