dismissed EB-2

dismissed EB-2 Case: Systems Engineering

📅 Date unknown 👤 Company 📂 Systems Engineering

Decision Summary

The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any error of law or fact in the director's decision. Counsel did not submit a brief or additional evidence, merely asking for reconsideration based on the originally submitted documents.

Criteria Discussed

Schedule A, Group Ii Widespread Acclaim And International Recognition Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
PUBLIC COPY 
U. S. Citizenship 
and Immigration 
or 
FILE: WAC 05 216 53510 Office: CALIFORNIA SERVICE CENTER Date: 5 2w 
IN RE: 
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. $ 1 153(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. 
/ Robert P. Wiemann, Chief 
Administrative Appeals Office 
WAC 05 216 53510 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner seeks to classify the beneficiary pursuant to section 203(b)(2) of the Immigration and Nationality 
Act (the Act), 8 U.S.C. 1153(b)(2), as a member of the professions holding an advanced degree. The petitioner 
seeks to employ the beneficiary as a senior systems engneer. The petitioner asserts that the beneficiary qualifies 
for Schedule A, Group II designation. The director found that the beneficiary did not enjoy the widespread 
acclaim and international recognition required for Schedule A, Group II designation. 
On appeal, counsel merely stated that the appeal "is based on the evidence submitted along with the 1-140 
Imrmgrant Petition for Alien Worker. Kindly reconsider the petition based on the evidence submitted." Counsel 
indicated that she was not submitting a separate brief or evidence. 
As stated in 8 C.F.R. fj 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. The appeal must therefore be summarily dismissed. 
ORDER: The appeal is dismissed. 
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