dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The appeal was summarily dismissed because the petitioner failed to submit any new evidence to address the director's findings. The initial denial was based on the petitioner's failure to demonstrate that the position was correctly classified for a professional or alien of exceptional ability and its failure to prove its ability to pay the proffered salary.

Criteria Discussed

Job Classification Ability To Pay

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identieing data deleted to 
prevent cleariy unw ai-ranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: Office: NEBRASKA SERVICE CENTER Date: 
LIN 06 273 52887 JUL 1 2 2010 
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. 5 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. 5 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B7 Notice of Appeal or Motion, 
with a fee of $585. Please be aware that 8 C.F.R. 5 103.5(a)(l)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
chief, Administrative Appeals Office 
-- - 
Page 2 of 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 
Service Center on October 10,2007. The petitioner filed a motion to reconsider the decision, which the 
director denied. The petitioner then appealed the decision to the Administrative Appeals Office (AAO). 
The appeal will be summarily dismissed. 
The petitioner seeks to classiQ the beneficiary pursuant to section 203(b)(2) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 5 1 153(b)(2) as a professional or an alien of exceptional ability. The 
director determined that the petitioner failed to demonstrate that it had correctly classified the position 
as being for a professional or an alien of exceptional ability and that the petitioner failed to demonstrate 
its ability to pay the beneficiary the proffered salary from the priority date onwards. 
On appeal, the petitioner failed to submit any new evidence regarding whether it had correctly 
classified the position as being for a professional or an alien of exceptional ability and whether it had 
the ability to pay the beneficiary the proffered salary from the priority date onwards. 
The petitioner submitted the appeal on February 28,2008. As of this date, well over two years later, the 
AAO has received nothing further. 
The petitioner here has not provided any additional evidence. The appeal must therefore be summarily 
dismissed. 
ORDER: The appeal is dismissed. 
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