dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The director initially denied the petition because the petitioner failed to demonstrate that the beneficiary possessed the required educational credentials. The appeal was summarily dismissed because the counsel failed to identify any specific error of law or fact in the denial and did not submit the promised brief or additional evidence.
Criteria Discussed
Advanced Degree Educational Credentials
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(b)(6) DATE: AUG 3 0 2013 INRE: Petitioner: Beneficiary: 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 OFFICE: TEXAS SERVICE CENTER 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: 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 I-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, /./'"·-- ~ / £) / / ~ - - / Ron Rosenberg \_ · Chief, Administrative Appeals Office (b)(6) NON-PRECEDENT DECISION Page2 DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition and the matter 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 a member of the professions holding an advanced degree. The director determined that the petitioner failed to demonstrate that the beneficiary possessed the required educational credentials as of the priority date. On appeal, counsel merely stated that additional materials would be provided that would establish that the beneficiary meets the education requirement of the ETA Form 9089 and is eligible for a second preference classification . Counsel dated the appeal June 26, 2013. He indicated that a brief and/or additional evidence would be submitted to the AAO within 30 days. As of this date, more 45 days 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)(l)(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 n9t provided any additional evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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