dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically address the director's finding that he lacked the requisite experience for the position. The petitioner merely stated he had the experience without providing any further evidence or argument, which is insufficient to meet the requirements for an appeal under 8 C.F.R. ยง 103.3(a)(1)(v).
Criteria Discussed
Requisite Experience Procedural Requirements For Appeal
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U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Office ofAdministrat~ve Appeals MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration FILE: EAC0680008696 Office: VERMONT SERVICE CENTER Date: DEC 0 8 2009 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. $ 1 153(b)(2) ON BEHALF OF PETITIONER: SELF REPRESENTED 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). chief, Administrative Appeals Office 3 - EAC0680008696 Page 2 of 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks to classify himself 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 he possessed the requisite experience for the position beginning on the priority date. On appeal, the petitioner merely stated that he had the requisite experience for the position. The petitioner submitted the appeal on July 23,2007. As of this date, approximately two and a half years later, the AAO has received nothing further. As stated in 8 C.F.R. 5 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identi@ 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. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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