dismissed EB-2 Case: Unknown

identifYing data deleted to 
prevent cIc:,,:'ij unwarranted 
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PUBUCCOpy 
Date: "II~ij 1 I) ~m2 Office: TEXAS SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
C.S. l)"partrnent of HOn\t:iand SC(Uf'il~ 
u.s. Citizenship and ImrnigratitlTl Scr\'ict'~ 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2()9() 
Washinllton. DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
FILE: 
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 
USc. § 1153(b)(2) 
ON BEHALF 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.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form J-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(1 )(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
(J~::eU~ 
Chief, Administrative Appeals Office 
www.uscis.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 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 alien 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. 
On appeal, counsel stated that the petitioner possesses the continued ability to pay the beneficiary the 
proffered wage since the priority date 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 14, 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)(I)(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.