dismissed
EB-2
dismissed EB-2 Case: Software Engineering
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or identify any specific erroneous conclusion of law or statement of fact in the director's decision. According to regulation 8 C.F.R. ยง 103.3(a)(l)(v), this failure warrants a summary dismissal.
Criteria Discussed
Advanced Degree Professional Qualifications Failure To State Grounds For Appeal
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(b)(6) DATE: JUl 2 4 2014 INRE : Petitioner: Beneficiary: OFFICE: TEXAS SERVICE CENTER U.S. Dep~rtmentofllomeland 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. 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 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/forms 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, J~rt Ron Rosenberg Chief, Administrative Appeals Office (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The Director, Texas Service Center, 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 seeks to classify the beneficiary pursuant to section 203(b )(2)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(2)(A) as a Senior Software Engineer. The director determined that the record did not establish that the beneficiary was qualified for the offered position or the requested classification as an advanced degree professional under section 203(b)(2)(A) ofthe Act. In filing the appeal on April 21, 2014, counsel stated only that a brief would be submitted within 30 days. As of this date, we have received nothing further from counsel, and the regulation requires that any brief shall be submitted directly to the AAO . 8 C.F.R. ยงยง 103.3(a)(2)(vii) and (viii). The regulation at 8 C.F.R. ยง 103.3(a)(l)(v) states than 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. In filing the appeal, counsel did not state the basis for the petitioner's appeal and the petitioner has not provided any additional evidence. He has not expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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