dismissed EB-2 NIW

dismissed EB-2 NIW Case: Choreography

📅 Date unknown 👤 Individual 📂 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)

Sign up free to download the original PDF

View Full Decision Text
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. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.