dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief or additional evidence identifying an erroneous conclusion of law or fact in the director's decision, as required by regulation.
Criteria Discussed
Ability To Pay Failure To State Grounds For Appeal
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(b)(6) DATE: FEB 2 4 2015 IN RE: Petitioner: Beneficiary: U.S. Department of Homeland Securiry U.S. Citizenship and Immigration Service Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services OFFICE: NEBRASKA SERVICE CENTER FILE: 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. § I 153(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or pol icy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form 1-2908) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://ww"v.uscis.gov/fot·ms for the latest information on fee, filing location, and other requirements. See also 8 C.P.R. § 103.5. Do not file a motion directly with the AAO. Thank you, ��e rg Chief, Administrative Appeals Office (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The Director, Nebraska Service Center (the director) denied the immigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner requests classification of the beneficiary as an advanced degree professi onal pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § ll53(b)(2).The director determined that the petitioner failed to establish that it had the ability to pay the proffered wage. The petitioner dated the appeal November 12, 2014. The petitioner indicated that it would file a brief and/or additional evidence with our office within thirty days. As of this date, more than 90 days later, we have received nothing further, and the regulation requires that any brief and/or additional evidence shall be submitted directly to us. 8 C.F.R. §§ 103.3(a)(2)(vii) and (viii). The petitioner failed to submit the required statement identifying an erroneous conclusion of law or fact in the director's decision with the Form I-290B, Notice of Appeal or Motion.' As stated in 8 C.F.R. § 103.3(a)(l)(v), an appeal shall be summarily dismissed if the pm1y 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. It has not even expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed. 1 Part 4 of the Form 1-2908 requires that the appellant provide a statement regarding the basis for the appeal that identifies an erroneous conclusion of law or fact. No such statement was included with the instant appeal.
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