dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Mathematics Teacher
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's decision, as required, and did not submit a promised brief or additional evidence to support the appeal.
Criteria Discussed
National Interest Waiver Procedural Grounds For Appeal
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(b)(6)
DATE: NOV 1 8 2014 OFFICE: NEBRASKA SERVICE CENTER
IN RE: Petitioner:
Beneficiary :
U.S. Department of Homeland Security
U.S. Citi zenship and Immigration Services
Administrative Appeals Office {AAO)
20 Massachusett s Ave., N.W., MS 2090
Washingt on, DC 20529-2090
U.S. Citizenship
and Immigration
Services
FILE :
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. ยง 1153(b)(2)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case.
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to
your case or if you seek to present new facts for consideration , you may file a motion to reconsider or a
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B)
within 33 days of the date of this decision . Please review the Form I-290B instructions at
http://www .usci s.gov/form s for the latest information on fee, filing location, and other requirements.
See also 8 C.F .R. ยง 1 03 .5. Do not file a motion directly with the AAO.
Thank you ,
rlf:~~:~;trative Appeals Office
www.uscis.gov
(b)(6)
NON-PRECEDENT DECISION
Page 2
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa
petition. The matter is now before the Administrative Appeals Office on appeal. We 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. ยง 1153(b)(2), as a member of the professions holding an advanced degree. The
petitioner seeks employment as a middle school mathematics teacher at
_ Arizona. 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 qualifies for classification as a member of the professions holding an advanced degree, but
that the 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 regulation at 8 C.F.R. ยง 103.3(a)(l)(v) states, in pertinent pmt, "[a]n 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 I-290B Notice of Appeal, filed on February 27, 2014, the petitioner indicated that a brief
and/or additional evidence would be forthcoming within thirty days. To date, eight months later,
careful review of the record reveals no subsequent submission; all other documentation in the record
predates the issuance of the notice of decision.
The statement submitted with the appeal alleges that "the Decision is based on enoneous conclusion of
law and erroneous conclusion and/or statement of fact," but the petitioner did not identify these errors or
show that the director 's conclusions and statements were, in fact, erroneous. The bare assertion that the
director somehow ened in rendering the decision is not sufficient basis for a substantive appeal.
Because the petitioner has failed to identify specifically an enoneous conclusion of law or a statement
of fact as a basis for the appeal, we must summarily dismiss the appeal.
ORDER: The appeal is summarily dismissed. Avoid the mistakes that led to this denial
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