dismissed EB-2 Case: Software Engineering

identifying data deleted to 
prevent clearly unwarranteo 
invasion of personal privacy 
PlffiUCCOPY 
Date: JUL 27 21m 
INRE: Petitioner: 
Beneficiary: 
Office: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
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. § l1S3(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(1)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
~f?ou, 
~~Whew 
Chief, Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be summarily dismissed. 
It seeks to employ the beneficiary permanently in the United States as a Software Engineer 
pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 
1153(b )(2). In pertinent part, section 203(b )(2) of the Act provides immigrant classification to 
members of the professions holding advanced degrees or their equivalent and whose services are 
sought by an employer in the United States. 
The director determined that the petitioner failed to demonstrate a continuing ability to pay the 
proffered wage beginning on the priority date. 
On appeal, counsel merely stated that USCIS incorrectly applied rules and laws. On the I-290B, 
signed by counsel on October 9, 2008, counsel checked the block indicating that he would be 
sending a brief and/or evidence to the AAO within 30 days. As of this date, the AAO has received 
nothing further, and the regulation requires that any brief shall be submitted directly to the AAO. 
8 c.P.R. §§ 103.3(a)(2)(vii) and (viii). 
As stated in 8 C.P.R. § 103.3(a)(1)(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. The appeal must therefore be summarily dismissed. 
ORDER: The appeal is dismissed.