dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision, as required by regulation. Although the petitioner requested more time to submit documents, nothing was received.
Criteria Discussed
Ability To Pay Proffered Wage Procedural Grounds For Appeal
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(b)(6) DATE: DEC 3 0 2014 OFFICE: NEBRASKA SERVICE CENTER IN RE: Petitioner: Beneficiary: U.S. Department ofHomeland Security 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 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. § 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-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 policy 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 l-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. Thank you, &1/'1 Jfo�R.o�en�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 summ arily dismissed. The petitioner seeks to classify the beneficiary pursuant to as an advanced degree professional pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2). The director determined that the petitioner failed to demonstrate a continuing ability to pay the proffered wage beginning on the priority date. On appeal, the petitioner stated that the director mentioned a May 13, 2014 request for evidence (RFE), which the petitioner claims it did not receive.' The petitioner requests 30 days in which to submit additional documents. The petitioner dated the appeal September 1, 2014. As of this date, more than 3 months later, we have received nothing further, and the regulation requires that any brief shall be submitted directly to us. 8 C.F.R. §§ 103.3(a)(2)(vii) and (viii). As stated in 8 C.F.R. § 103.3(a)(l)(v), an appeal shall be summ arily 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 petitioner has not even expressed disagreement with the director's decision. The appeal must therefore be summ arily dismissed. ORDER: The appeal is dismissed. 1 The record reflects that the RFE was forwarded to the address on the Form 1-140 immigrant petition and that the petitioner has not moved, nor was the letter returned as undeliverable.
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