dismissed EB-2 NIW

dismissed EB-2 NIW Case: Finance

📅 Date unknown 👤 Company 📂 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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View Full Decision Text
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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