dismissed
EB-2 NIW
dismissed EB-2 NIW Case: 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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(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. Avoid the mistakes that led to this denial
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