dismissed
EB-2
dismissed EB-2 Case: 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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