dismissed EB-2 Case: Unknown

(b)(6)
··~ 
DATE: FEB 1 9 2013 
INRE: Petitioner: 
Beneficiary: 
OFFICE: TEXAS SERVICE 
CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
· Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: ImmigraJ!t 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 NationalityAct, 8 U.S.C. § 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. Piease 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 fj.le 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. 
Thank you, 
• 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
Page2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals·Office (AAO) on appeal. The AAO will 
suminarily dismiss the appeal .. 
An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned 
· fails to identifY specifically any .erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R § 103.3(a)(l)(v). 
On the Formi-290B Notice of Appea~ filed on October 30, 2012; counsel indicated that a brief would 
be forthcoming within 30 days. To date, more than three months later, careful review of the record 
· reveals no subsequent submission; all other documentation in the record predates the issuance of the 
notice of decision. 
The statement on the appeal form reads simply: "The decision is arbitrary and capricious and is not 
consistent. with the statute from which the applicable provision derives its legal authority, ·nor is it 
consistent with published regulations." This is a general statement that makes no specific allegation of 
error. Counsel, for example, does not cite any specific regulation or explain how the decision is 
inconsistent with it. The bare assertion that the director somehow erred in rendering the decision is not 
sufficient basis for a substantive appeal. 
Inasmuch as counsel has failed to identifY specifically an erroneous conclusion oflaw or a statement of 
fact as a basis for the appe~ the AAO must sumlnarily dismiss the appeal. 
ORDER: The appeal is dismissed.