dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The appeal was summarily dismissed because the petitioner failed to specifically address the reasons for the denial or provide any additional evidence as promised. The regulations permit a summary dismissal if the appealing party does not identify an erroneous conclusion of law or statement of fact from the original decision.

Criteria Discussed

Ability To Pay Beneficiary Qualifications Procedural Grounds For Appeal

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View Full Decision Text
(b)(6)
U.S. Departmeat ofHomelaad Security 
U. S. Citizenship and Immigration Services 
Admiaistrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services · 
DATE: ·office: NEBRASKA SERVICE CENTER FILE: 
FEB 0 5 2013 
IN RE: Petitioner: 
Beneficiary: 
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 in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the AAO inappropriately 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 Motion, with a fee of $630. The 
specific requirements 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. § 103.5(a)(l)(i) requires any motion to be filed within 
30 days of the decision that the motion seeks to reconsider or reopen. 
Thankyou, · 
~ 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
www.osCis.gov 
(b)(6)
-. .) - - ~ 
Page 2 
DISCUS~ION: The employment-based Form 1-140, Immigrant Petition for Alien Worker, was 
denied by the Director, Nebraska Service Center and 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 an advanced degree professional. The director 
determined that the petitioner had not established it had ·the continuing ability to pay the beneficiary 
the proffered wage beginning on the priority date of the visa petition and that the beneficiary met the 
qualification requirements of the. offered position. · 
On appeal, the petitioner states: that it was not able to submit documents requested by the director's 
request for evidence because that request was not received. The petitioner further states that 
additional document(s) will be submitted in 30 days to the AAO. 
As of this date, almost two years 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.J(a)(2)(vii) and 
(viii).-
-
As stated in 8 C.F.R. § 103.3(a)(l)(v), an appealshall 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 has not specifically addressed the reasons stated for denial and has not provided any 
additional evidence. The appeal shall be summarily dismissed.· 
ORDER: The appeal is dismissed. 
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