dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Finance
Decision Summary
The appeal was summarily dismissed because counsel failed to identify any specific erroneous conclusion of law or statement of fact in the original denial. Counsel did not submit a brief or additional evidence to support the appeal, which failed to address the director's finding that a national interest waiver was not warranted.
Criteria Discussed
National Interest Waiver
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration FILE: Office: TEXAS SERVICE CENTER Date: I/ 56:C 19 2M5 SRC 04 136 51044 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. $ 1 153(b)(2) ON BEHALF OF PETITIONER: 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. '-. , -\ ' Robert P. Wiemann, Director Administrative Appeals Office 3 Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be 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. 1153(b)(2), as an alien of exceptional ability or a member of the professions holdmg an advanced degree. The petitioner seeks to employ the beneficiary as a chief financial officer. 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 had not established that an exemption from the requirement of a job offer would be in the national interest of the United States. On appeal, counsel merely stated: "The record supports the conclusion that a National Interest Waiver should be approved." Counsel specified that he was not submitting a separate brief or evidence. As stated in 8 C.F.R. 103.3(a)(l)(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. 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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