dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The appeal was summarily dismissed because the petitioner, after indicating a brief would be submitted, failed to provide one or any additional evidence. The petitioner did not specifically identify any erroneous conclusion of law or statement of fact in the director's decision, which is grounds for a summary dismissal under 8 C.F.R. § 103.3(a)(1)(v).

Criteria Discussed

Beneficiary Qualifications Ability To Pay Proffered Wage Bona Fide Job Offer Failure To Identify Erroneous Conclusion Of Law Or Fact

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View Full Decision Text
(b)(6)
DATE: 
AUG 0 7 2015 
IN RE: Petitioner: 
Beneficiary: 
FILE#: 
RECEIPT#: 
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: Immigrant Petition for Members of the Professions Holding Advanced Degrees or 
Aliens of Exceptional Abilities Pursuant to Section 203(b)(2)(A) of the Immigration and 
Nationality Act, 8 U.S.C. § 1153(b)(2)(A) 
ON BEHALF 
OF PETITIONER : 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
If you believe we incorrectly decided your case, you may file a motion requesting us to reconsider our 
decision and/or reopen the proceeding . The requirements for motions are located at 8 C.F .R. § 
103.5. Motions must be filed on a Notice of Appeal or Motion (Form 1-290B) within 33 days of the date of 
this decision. The Form I-290B web page (www.uscis.gov/i-290b) contains the latest information on fee, 
filing location, and other requ~rements. Please do not mail any motions directly to the AAO. 
1// . ··.,_ 
I lr ., 
R osenberg 
Chief, Administrative Appeals Office 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
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 swnrnarily 
dismissed. 
The petitioner seeks to classify the beneficiary pursuant to 
to Section 203(b)(2)(A) of the Immigration 
and Nationality Act, 8 U.S.C. § 1153(b)(2)(A) as a member of the professions holding an advanced 
degree or an alien of exceptional ability. The director determined that the petitioner did not demonstrate 
the beneficiary . possessed the minimum qualifications for the proffered job, or that the petitioner 
possessed the continued ability to pay the proffered wage beginning on the priority date, nor did the 
petitioner establish that the petition was supported by a bona fide job offer. 
Counsel dated the Form I-290B, Notice of Appeal of Motion, was submitted on March 27, 2015. On 
that form, the petitioner indicated that additional evidence or a 
brieg would be submitted within 30 days. 
As of this date, more than 4 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. §§ 1 03.3(a)(2)(vii) and (viii). 
As stated in 8 C.F.R. § 103.3(a)(1)(v), an appeal shall be swnrnarily 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. He has not even expressed disagreement with the director's decision. The appeal 
must therefore be summarily dismissed. 
ORDER: The appeal is dismissed. 
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