dismissed EB-2 Case: Unknown

'. 
DATIDEC 1 8 2012 OFFICE NEBRASKA SERVICE CENTER 
I)\i RE PL'titioncr: 
Bellefic iary: 
V.S. Department of Homeland Securit}' 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office lAAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washinglon, DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
FILE: 
PETITIO)\: Immigrant Pctitinn 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 V.S.c. § 1153(b)(2) 
0:\ BElIALI' OF PETITIONER: 
INSTRUCTIONS: 
Enclosed pIcase find the dccision of the Administrative Appeals Office in your case. All of the 
documents related to this malter have heen rcturned to the office that originally decided your case. Please 
be advised that ally further inquiry that you might have concerning your case must be made to that office. 
If you helieve the ;\;\0 1I1approprialCly applied the law in reaching its decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen 
in accordance with the instructions on Form I-290B. Notice of Appeal or Malian. with a fce of $630. The 
specific requircments for filing such a motion can be found at 8 C.F.R. § 103.5. Do not file any motion 
directly with the AAO. Please be aware that 8 C.F.R, § 1 03.5(a)(1 )0) requires any motion to be filed 
within JO days of the decision that the motion seeks to reconsider or reopen. 
Thank you. 
(1m 
ROil Rosenht:rg 
Acting Chief. Administrative Appeals Office 
--Page I 
DISCUSSION: The employment-based immigrant visa petltlon was denied by the Director, 
Nehraska Service Centcr. and is now he fore the Administrative Appeals Office (AAO) on appeal. 
The appeal will hc summarily dismissed. 
The petitioner seeks to classify the beneficiary pursuant to section 203(b )(2) of the Immigration and 
Nationality Act. g USC § 1153(b)(2) which provides immigrant classification to members of the 
professions holding advanced degrees or their equivalent and whose services are sought by an 
employer in the United States. An advanced degree is a United States academic or professional 
degree or a I'oreign equi valent degree above the baccalaureate level. 8 C.F.R. § 204.5(k)(2). The 
regulation fUl1her states: "A United States baccalaureate degree or a foreign equivalent degree 
followed by at least five years of progressive experience in the specialty shall be considered the 
equivalcnt of a master's degree. If a doctoral degree is customarily required by the specialty, the 
alien must have a United States doctorate or a foreign equivalent degree." /d. The director 
determined that the petitioner failed to demonstrate a continuing ability to pay the proffered wage 
beginning on the priority date. The director also noted that the required five years of progressive 
experience was not established, as required in the labor certification. 
On appeal. counsel merely stated, "brief ancl/or additional evidence will be submitted to the AAO 
within 30 days." 
Coulbcl dated the apreal Octoher 20. 20 I 1. As of this date. morc than a year later, the AAO has 
reccived nothing further. and the regulation requires that any brief shall be submitted directly to the 
AAO. 11 C.F.R. ~~ I OJ.J(a)(l)(vii) and (viii). 
As stated in II C.F.R. * 103.3(a)(I)(v), an appeal shall be summarily dismissed if the party 
concerned fails to identify srecifically any elToneous conclusion of law or statement of fact for the 
appeal. 
Counsel here has not specifically addressed the reasons stated for appeal and has not provided any 
additional evidence. He has not even expressed disagreement with the director's decision. The 
arreal must therefore be summarily dismissed. 
ORDER: The appeal is dismissed.