dismissed
EB-2
dismissed EB-2 Case: Unspecified
Decision Summary
The appeal was summarily dismissed because the petitioner failed to respond to the director's Request for Evidence (RFE). On appeal, the petitioner did not submit a brief or any new evidence to identify an erroneous conclusion of law or statement of fact in the original denial.
Criteria Discussed
Failure To Respond To Rfe Failure To Submit Brief On Appeal
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DATE:OCT 2 5 20W!flice: NEBRASKA SERVICE CENTER IN RE: Petitioner: Beneficiary: U.S. Department of Homeland Security U.S. Citizenship and Immigration Scrvice~ Administrative Appeals Office (AAO) 20 Massachusetls Ave., N.W., MS 2090 Washington, DC 20529~2090 u.s. Citizenship and Immigration Services FILE: 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. ยง 1153(b)(2) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matler have been returned to the office that originally decidell your case. Please he allvised that any further inquiry that you might have concerning your case must he made to that office. If you helieve the AAO inappropriately applied the law in reaching its decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a mOlion to reopen in accordance with the instructions on Form 1-290B, Notice of Appeal or Motion, with a fee of Sti30. The specific requirements for filing such a motion can he found at 8 C.F.R. ยง 103.5. Do not file any motion directly with the AAO. Please he aware that 8 C.F.R. ยง 103.5(a)(1)(i) requires any motion to he filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, Perry Rhew Chief. Administrative Appeals Office www.usds.gov Page 2 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 classify the beneficiary pursuant to Section 203(b )(2) of the Immigration and Nationality Act, 8 U,S,c. ยง 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 respond to a Request for Evidence (RFE) and, therefore, it could not be determined whether the beneficiary met the work experience requirements stated on the labor certification. On appeal, the petitioner stated that a brief and evidence would be submitted within 30 days of the Notice of Appeal, which was received by United States Citizenship and Immigration Services on September 30, 2011. Although the petitioner stated that he did not receive the RFE, the record of proceeding shows that an RFE dated April 21, 20 II, was addressed to the petitioner at his last known address (the same address used in the director's decision dated August 30. 2(11). The petitioner dated the appeal September 27, 2011. As of today, over one 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. ยงยง 103.3(a)(2)(vii) and (viii). As stated in 8 C.F.R. ยง l03.3(a)(1)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. A review of the director's decision reveals that the director accurately set forth a legitimate basis for the denial of the petition. The petitioner failed to make any argument or submit any new evidence on appeal. Accordingly, the appeal will be summarily dismissed. ORDER: The appeal is summarily dismissed.
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