dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Choreography
Decision Summary
The appeal was summarily dismissed because the petitioner failed to state any reason or basis for the appeal on the Form I-290B. Inasmuch as the petitioner failed to identify a specific erroneous conclusion of law or statement of fact from the director's decision, the appeal was dismissed.
Criteria Discussed
Summary Dismissal (Failure To State Basis For Appeal)
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PUBLIC LGP' 'I ihdfying data dR1Gted to pmrcnt clearly unw-ed bvmia of ~ELSDII~ gw U.S. Department of IIomeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 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. 5 1 1 53(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. Pobert P. Wie M ann, Chief Administrative Appeals Office DISCUSSION: The Director, Vermont Service Center, denied the employment-based immigrant visa petition. The director mistakenly rejected the appeal as late, but the record shows that the appeal was timely and the Administrative Appeals Office (AAO) hereby retracts the incorrect rejection notice. The appeal will be summarily dismissed. The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(2), as an alien of exceptional ability in the arts. The petitioner seeks employment as a choreographer. The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree (based on a degree unrelated to choreography), but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States. 8 C.F.R. 5 103.3(a)(l)(v) states, in pertinent part, "[aln officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal." On the Form I-290B Notice of Appeal, filed on March 8, 2006, the petitioner indicated that no brief or evidence would be submitted on appeal. Thus, the Form I-290B itself constitutes the entire appeal. Section 3 of that form is labeled "Briefly state the reason(s) for this appeal." The petitioner left that section blank, and thereby has provided no reason or basis for the appeal. Inasmuch as the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact as a basis for the appeal, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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