dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence within the specified timeframe. The petitioner did not specifically address the reasons for the initial denial or identify any erroneous conclusion of law or statement of fact, as required by regulations.

Criteria Discussed

Advanced Degree Requirement

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(b)(6)
DATE: 
MAR 1 3 2014 
INRE: Petitioner: 
Ben eficiary: 
U.S. Department of Homeland Security 
U.S. Ci tizenship and Immigrati on Service 
Admini strative Appeals Office (AAO) 
20 Massachusetts A ve., N.W., MS 2090 
Washing ton, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
OFFICE: TEXAS SERVICE CENTER FILE: 
PETITION: Immigrant Petition for Alien Worker as a 
Member of the Professions Holding an 
Adv anced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the 
Immigration and Nationality Act , 8 U.S.C . § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
SELF- REPRESENTED 
INSTRUCTIONS : 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a 
non-prec edent decision. The AAO does not announce new construction s of law nor establi sh 
agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law 
or polic y to your case or if you seek to present new facts for consideration, you may file a motion to 
reco nsider 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.u scis.gov /forms for the latest information on fee, tiling location , and 
other requirements. See also 8 C.F .R. § 103.5. Do not file a motion directly with the AAO. 
Thank you, 
t!:k-r ~ ff~ Rosenberg 
Chief, Administrativ e Appe als Office 
(b)(6)
·---- - ------ --------- - ---- - ------ -------·--·· ··-···--····-· 
NON-PRECEDENT DECISION 
PageL. 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition and 
dismissed a subsequent motion to reopen and reconsider. 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) 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 director determined that the petitioner failed to demonstrate that the 
beneficiary possessed the required educational credentials as of the priority date. 
On appeal, counsel merely stated that an appeal brief would be submitted within 30 days. 
The appeal was filed on December 30, 2013. Counsel indicated that a brief and/or additional 
evidence would be submitted to the AAO within 30 days. As of this date, more 60 days later, the 
AAO has received nothing further, and the regulation requires that any brief shall be submitted 
directly to the AAO. 8 C.F.R. §§ 103.3(a)(2)(vii) and (viii). 1 
As stated in 8 C.F.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. 
The petitioner 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. 
1 In accordance with the U.S. Citizenship and Immigration Services (USCIS) regulation at 8 
C.F.R. § 292.4(a) as well as the instructions to the Form I-290B, a "new [Form G-28] must be 
filed with an appeal filed with the Administrative Appeals Office [AAO]." This regulation 
applies to all appeals filed on or after March 4, 2010. See 75 Fed. Reg. 5225 (Feb. 2, 2010). The 
Form I-290B was signed by In his cover letter accompanying the Form I-290B, 
Mr. asserts that a Form G-28, Notice of Entry of Appearance as Attorney or 
Representative , is enclosed. No Form G~28 was submitted with the instant appeal. Without a 
new, fully executed Form G-28, the AAO cannot consider the appeal to have been properly filed. 
Failure to submit this required document is grounds for rejection of the appeal as improperly 
filed, under the regulation at 8 C.F.R. § 103.3(a)(2)(v)(A)(1). The petitioner is considered self­
represented in the instant proceedings. If the petitioner is represented by counsel, a properly 
executed Form G-28 must be submitted with any further filings. 
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