dismissed
EB-2 NIW
dismissed EB-2 NIW Case: 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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
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.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.