dismissed
EB-2
dismissed EB-2 Case: Software
Decision Summary
The initial petition was denied because the petitioner was debarred by the Department of Labor from filing petitions for one year. The appeal was summarily dismissed because the petitioner failed to submit a brief or identify any specific error in the director's decision, as required by regulations.
Criteria Discussed
Petitioner Debarment Failure To Identify Erroneous Conclusion Of Law Or Fact Failure To Submit A Brief
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identiQing data deleted to * prevent clearly unv~arranted invasion of 2ersoi1d privacy U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Of$ce of Administration Appeals, MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration PUBLIC COP 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. 9 1 1 53(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. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be e decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. Acting 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. The petitioner seeks to classifl the beneficiary 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 or an alien of exceptional ability. The director denied the petition as DOL found the petitioner, in accordance with 20 C.F.R. 655.855, to have engaged in certain actions rendering them subject to mandatory debarment under section 212(n)(2)(C)(i) and (ii) of the Act, as amended. As a result of the debarment, no immigrant visa petitions and no H (excluding H-lBl), L, 0, or P-1 non-immigrant visa petitions filed by Software Research Group, Inc., shall be approved by the USCIS from June 1, 2008, and ending on May 31,2009. Accordingly, the director denied this petition on February 12,2009. On appeal, counsel merely stated that a brief and additional supporting documents would be submitted in 30 days. Counsel dated the appeal March 10, 2009. As of this date, more than four months later, the AAO has received nothing fiuther. 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 identifl specifically any erroneous conclusion of law or statement of fact for the appeal. Moreover, the petitioner failed to state a reason for the appeal and failed to submit a brief. See 8 C.F.R. ยง 103.3(a)(2)(vii) and (viii). Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. He has not even expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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