dismissed
EB-2
dismissed EB-2 Case: Unspecified
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or any new evidence after filing the appeal. The petitioner did not identify any specific error of law or fact in the director's initial decision, which was based on an inability to pay the proffered wage and the beneficiary's lack of required experience.
Criteria Discussed
Ability To Pay Proffered Wage Beneficiary'S Work Experience Procedural Requirements For Appeal
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DAT"DEC 0 8 201fffice: NEBRASKA SERVICE CENTER IN U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W .. MS 209() Washington, DC 20529-2090 u.s. Citizenship and Immigration Services 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 I I 53(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that offIce. If you believe 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 motion to reopen in accordance with the instructions on Form 1-290B, Notice of Appeal or Motion, with a fee of $630. The specific requirements for filing such a motion can be found at 8 C.F.R. ยง 103.5. Do not file any motion directly with the AAO. Please be aware that 8 C.F.R. ยง I 03.5(a)(I )(i) requires any motion to be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, Ron Rosenberg Acting Chief, Administrative Appeals Office www.uscis.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 submit sufficient evidence establishing that it has the ability to pay the proffered wage and that the beneficiary has obtained the required sixty (60) months experience in the job offered prior to the priority date of August 10,2010. Accordingly, the director denied the petition. On appeal, the petitioner stated that a brief and/or evidence would be submitted within 30 days of the Notice of Appeal, which was received by United States Citizenship and Immigration Services on October 17, 20 II. The petitioner dated the appeal October 13, 2011. As of today, over one year 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 103.3(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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