dismissed EB-2 Case: Unknown

identifying data deleted to 
preve.nt cl(;[,:\/ Jl1warranted 
mvaSIOn of personal privacy 
PURUCCOPY 
Date: ~~ 1 ~ ~m:bffice: TEXAS SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
L.S. lleptlrtment of Homeland ~l'l'lIril~ 
U.S. Citizenship and Immigration SC1"\icc~ 
Administralive Appeals Office (AAO) 
20 Massachusetts Ave., N.W .. MS 2090 
Washim2:ton. DC 20529·2090 
u.s. Citizenship 
and Immigration 
Services 
PILE: 
PETITION: Immigrant petition for Alien Worker as a Professional 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 BEHALP OF PETITIONER: 
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 law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered. you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.P.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Porm 1-290B, Notice of Appeal or Motion. 
with a fee of $630. Please be aware that 8 C.P.R. § I 03.5(a)( I lei) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Chief. Administrative Appeals Office 
www.llscis.gov 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be summarily dismissed. 
The petitioner sceks to classify the beneficiary pursuant to section 203(b )(2) of the Immigration and 
Nationality Act (the Act), 8 U.S.c. § 11S3(b)(2) as a member of the professions holding an advanced 
degree. The director determined that the petitioner failed to demonstrate a continuing ability to pay 
the beneficiary the proffered wage beginning on the priority date and denied the petition 
accordingly. 
On appeal, counsel stated that the petitioner possesses the continued ability to pay the beneficiary the 
proffered wage in 2003 and indicated that a brief and/or additional evidence would be forthcoming 
within thirty days of the receipt of the appeal. 
Counsel dated the appeal October 16, 2008. As of this date, more than 38 months 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). 
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. 
Counsel 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.