dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petitioner did not identify any specific erroneous conclusion of law or statement of fact in the director's decision, which is a requirement for an appeal.
Criteria Discussed
Ability To Pay Proffered Wage Failure To Submit Brief/Evidence On Appeal
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(b)(6) DATE: JUN 3 0 2015 INRE: Petitioner: Beneficiary: FILE#: 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 RECEIPT #: 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. ยง 1153(b)(2)(A) ON BEHALF OF PETITIONER: Enclosed is the non-precedent decision of the Administrative Appeals Office (AAO) for 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. ยง 103.5. Motions must be filed on a Notice of Appeal or Motion (Form I-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 requirements. Please do not mail any motions directly to the AAO. Thank you, h./ _fr 6~Ro~enberg Chief, Administrative Appeals Office (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The Director, Texas Service Center, denied the employment-based 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)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(2)(A) as a member of the professions possessing an advanced degree. The director determined that the petitioner did not demonstrate a continuing ability to pay the proffered wage beginning on the priority date. On appeal, the petitioner indicated that a brief and/or additional evidence would be submitted within 30 days of filing the appeal. The appeal was received on February 26, 2015. As of this date, more than four months later, we have received nothing further, and the regulation requires that any brief shall be submitted directly to us. 8 C.P.R. ยงยง 103.3(a)(2)(vii) and (viii). As stated in 8 C.P.R. ยง 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned does not identify specifically any erroneous conclusion of law or statement of fact for the appeal. The petitioner here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. 1 It has not even expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed. 1 The petitioner did not provide a statement regarding the basis for the appeal, as required in Part 4 of the Form I-290B.
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