dismissed
EB-2
dismissed EB-2 Case: Unspecified
Decision Summary
The appeal was summarily dismissed because counsel failed to specifically identify any erroneous conclusion of law or statement of fact from the original denial. Counsel only made a general statement that the petition was incorrectly denied and submitted no further evidence or briefing for approximately two and a half years.
Criteria Discussed
Advanced Degree Requirement Procedural Requirements For Appeal
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U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Office of Administrative Appeals MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration FILE: - Office: NEBRASKA SERVICE CENTER Date: DEC 2009 LIN 07 003 51081 IN RE: Petitioner: Beneficiary: 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. 5 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. 5 103.5(a)(l)(i). Chief, Administrative Appeals Office . . m Page 2 of 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 (the Act), 8 U.S.C. fj 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 U.S. Citizenship and Immigration services (USCIS) incorrectly denied the petition. Counsel submitted the appeal on July 6, 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. fj 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. 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.
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