dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact. The petitioner's bare assertion that the regulations were misinterpreted was deemed insufficient to form the basis of a substantive appeal.

Criteria Discussed

Failure To Identify Specific Error Of Law Or Fact

Sign up free to download the original PDF

View Full Decision Text
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: Office: NEBRASKA SERVICE CENTER Date: AUG 2 9 2006 
LIN 05 009 5 1720 
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. 5 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. 
\I 
kobert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employrnent-based immigrant visa petition. 
The matter is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. 
8 C.F.R. 5 103.3(a)(l)(v) states, in pertinent part, "[aln officer to whom an appeal is taken shall summarily 
dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or 
statement of fact for the appeal." 
On the Form I-290B Notice of Appeal, the petitioner indicates that he is "not submitting a separate brief or 
evidence." Therefore, the Form I-290B itself constitutes the entirety of the appeal. (The petitioner also submits a 
photocopy of the denial notice, but this is not a substantive addition to the record.) 
The statement on the appeal form reads simply "U.S. CIS misinterpreted the regulations as to my petition." This 
is a general statement that makes no specific allegation of error. The bare assertion that the director somehow 
erred in rendering the decision is not sufficient basis for a substantive appeal. 
Inasmuch as the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact 
as a basis for the appeal, the appeal must be summarily dismissed. 
ORDER: The appeal is dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.