dismissed EB-2 NIW

dismissed EB-2 NIW Case: Information Systems Analyst

📅 Date unknown 👤 Individual 📂 Information Systems Analyst

Decision Summary

The appeal was summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact in the director's decision, as required by regulation. The appeal consisted of a statement virtually identical to one previously submitted, offering no new claims or evidence to contest the denial.

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact

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View Full Decision Text
(b)(6)
DATE: JAN 1.5 2013 OFFICE: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficill,ry: 
1;1;~ ~ DeP•rtm~i1t o( H~~eland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.
W., MS 2090 
Washington, DC 20529-2090 
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. ~ 1153(b)(2) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUcriQNS: 
Enclosed please. fi~d the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the·office that·originally decided your case. Please be advised that 
any further inquiry that you mi~ht have concerning your case must be made to that office. 
If you believe the AAO inappropriately applied the law in reaching its decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen in 
accordance with the instructions on Form I-290B, Notice of Appeal or Motion, w~th a fee of $630. The 
specific requirements for filing such 
a motion can be found at 8 C .F.R. § 103.5. Do not tile any motion 
direcUy with the AAO. Please be aware that 8 C.F.R. § 103.5(a)(l)(i) requires any motion to be filed within 
30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, · 
Ron Rosenb.erg 
Actin~ Chief, Administrative Appeals Office 
~.u~ls.gov 
(b)(6)
Page2 
DISCUSSION: The D!fector, Texas Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative APpeals Office {AAO) on appeal. The AAO will 
summarily dismiss the appeal. 
The petitioner seeks classification under 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 in the sciences, the arts or business. · The 
petitioner seeks employment as an information systems analyst for the State of lllinois Department of 
Central Management Services. 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 th.e petitioner has not established that 
an exemption from the requirement of a job offer would be in 
the national interest of the United States. 
The O.S. Citizenship and Immigration Services regulation at 8 C.F.R. § 103.3(a){l)(v) states, in 
pertinent part, "[a]n officer to whom an appeal is taken shall summanly ·disrniss any appeal when the 
party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the 
appeal." 
The petitioner's appeal consists of a four-page statement. The statement is virtually identical to a 
statement that the petitioner had previously submitted in response to a request for evidence. The 
director already took these claims into consideration, and the petitioner adds nothing of substance to the 
record by repeating the same claims on appeal. The petitioner adds no new , claims or evidence to 
address or contest any specific findings of fact or law in the denial notice. 
Because the petitioner has failed to identify specifically an erroneous conclusion of law or a statement 
of fact as a basis for the appeal, the AAO must summarily dismiss the appeal. 
ORDER: The ap~al ~s dismissed. 
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