dismissed EB-2 Case: Software Development

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
LIN 07 152 51522 
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 1153(b)(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. 
V 
bert P. Wiemann, Chief 
Zministrat ive Appeals Office 
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, a software development and consulting company, seeks to classify the beneficiary as an 
employment-based immigrant pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 5 1153(b)(2), as a member of the professions holding an advanced degree. The director determined the 
petitioner had not established that the beneficiary qualifies for the classification sought. 
On appeal, counsel states: "The petitioner is in the process of obtaining the requisite supporting documents 
pertaining to the beneficiary's education qualification to establish that the beneficiary meets the approved 
labor certification requirement." The appellate submission was unaccompanied by arguments or evidence 
addressing the pertinent regulatory requirements at 8 C.F.R. 204.5(k). 
Counsel indicated that a brief andlor evidence would be submitted to the AAO within 30 days. The appeal was 
filed on April 28, 2008. As of this date, more than five months later, the AAO has received no further 
documentation in support of the appeal. 
However, in July 2008, the petitioner submitted a letter from, President, USP, LLC, requesting 
withdrawal of the petition. ~r letter stated: "USP, LLC does not have the financial ability to pay the 
beneficiary. Due to lack of wages we decided to revoke this petition." 
As stated in 8 C.F.R. 5 103.3(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. 
The petitioner 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.