dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any additional evidence to support the appeal. After filing the notice of appeal, counsel did not identify any specific erroneous conclusion of law or statement of fact from the director's initial denial, as required by regulation.
Criteria Discussed
Beneficiary'S Educational Qualifications Failure To Identify Error In Appeal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security U. S. Citizenship and Imnligration Services qffice of Administrative Appeals MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration FILE: m Office: NEBRASKA SERVICE CENTER Date: DE~ 0 8 2009 LIN 07 143 52506 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. 3 1153(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS : This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. $ 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 103.5(a)(l)(i). ~hiec Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks to classifL the beneficiary pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(2) as a member of the professions holding an advanced degree or an alien of exceptional ability. The director determined that the petitioner failed to demonstrate that the beneficiary possessed the requisite education for the position beginning on the priority date. On appeal, counsel merely stated that the brief in support of the appeal would be submitted to U.S. Citizenship and Immigration services (USCIS) within 30 days. Counsel submitted the appeal on July 18,2007. As of this date, approximately two and a half years later, the AAO has received nothing further. As stated in 8 C.F.R. 9 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identifL 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. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.