dismissed EB-2 NIW

dismissed EB-2 NIW Case: Management Science

📅 Date unknown 👤 Individual 📂 Management Science

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the appeal, instead only providing a general statement of disagreement with the director's decision.

Criteria Discussed

Summary Dismissal Failure To Identify Error Exceptional Ability National Interest Waiver

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identifying data deleted to 
prevent clearly unwarranted 
invasion of personal prtva~ 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
PUBLIC COPY 
LIN 05 155 55186 
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: 
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. 
U 
hert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition. 
The matter is now before the Administrative  peals Office on appeal. 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, sciences, or business. The petitioner seeks 
employment as a management scientist. The petitioner asserts that an exemption fiom 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 has not established that he qualifies for classification as an alien of exceptional ability, or that an 
exemption fiom 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 1-290B Notice of Appeal, filed on February 23, 2007, counsel checked a box reading "I am not 
submitting a separate brief or evidence." Counsel thereby indicated that the Form I-290B itself constituted 
the entirety of the appeal. The statement on the appeal form reads, in its entirety: "We believe Nebraska 
Service Center made an erroneous decision on 02/01/2007 as we firmly believe our client, [the petitioner], is 
aptly qualified to be granted a National Interest Waiver as outlined in our petition filed on 04/22/2005." 
This is a general statement that makes no specific allegation of error. The bare assertion that the director 
somehow erred in rendering the decision, or that the petition should have been approved, is not a sufficient 
basis for a substantive appeal. 
Inasmuch as counsel 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. 
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