dismissed EB-2 NIW Case: Medicine

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Ofice ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: Office: NEBRASKA SERVICE CENTER  date:^^^ o a 2010 
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. § 1 153(b)(2) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please find 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 might have concerning your case must be made to that oflice. 
Thank you, 
Chief, Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition. The Administrative Appeals Office (AAO) rejected an appeal as improperly filed. The matter 
is now before the AAO on a motion to reopen and reconsider. The AAO will dismiss the motion. 
The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. $ 1153(b)(2), as a member of the professions holding an advanced degree. The 
petitioner is a research associate at the University of Cincinnati (Ohio) College of Medicine. 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 U.S. Citizenship and Immigration Services (USCIS) regulation at 8 C.F.R. $ 103.5(a)(2) 
requires that a motion to reopen must state the new facts to be proved in the reopened proceeding 
and be supported by affidavits or other documentary evidence. The regulation at 8 C.F.R. 
$ 103.5(a)(3) requires that a motion to reconsider must state the reasons for reconsideration and be 
supported by any pertinent precedent decisions to establish that the decision was based on an 
incorrect application of law or Service policy. A motion to reconsider a decision on an application or 
petition must, when filed, also establish that the decision was incorrect based on the evidence of 
record at the time of the initial decision. 
The record contains Form G-28, Notice of Entry of Appearance as Attorney or Representative, 
identifying one - of New York, as the petitioner's 
attorney of record. On July 10, 2006, the petitioner filed the Form 1-140 petition on his own behalf. 
Information on the Form 1-140 indicated that Ir had prepared the petition. The director 
denied the petition on July 25,2008. On August 25,2008, an individual claiming to be - 
filed the Form I-290B Notice of Appeal. 
The AAO wrote to the Flushing address to request copies of ' credentials. The 
response to the request included information relating to Michael A.O. Brown, who is a licensed 
attorney, but who has never practiced from the Flushing address, and who denied any knowledge of any 
proceedings arising from that address. The AAO rejected the appeal on January 8, 2010, based on a 
finding that someone at the Flushing address was impersonating attorney The AAO 
cited the USCIS regulation at 8 C.F.R. $ 103.3(a)(2)(v)(A)(l), which states: An appeal filed by a 
person or entity not entitled to file it must be rejected as improperly filed. In such a case, any filing 
fee the Service has accepted will not be refunded. Because neither the petitioner himself nor a 
qualified attorney or accredited representative filed the appeal, the AAO could not consider the 
appeal to have been properly filed. 
On motion, the petitioner does not dispute the AAO's version of events. The petitioner submits a 
copy of a November 19, 2005 agreement between himself and one , in which the petitioner 
engaged Mr. as a "Consultant to file an application for EB-2 Priority Worker Immigrant Status." 
Page 3 
The agreement does not indicate that Mr. would engage an attorney on the petitioner's behalf. 
The petitioner claims that Mr. simply presented him with documents, allegedly from ''m 
and told the petitioner that Mr. was the petitioner's attorney. 
The petitioner's submission does not meet the requirements of a motion to reopen or reconsider set forth 
in the regulations at 8 C.F.R. $$ 103.5(a)(2) and (3). The AAO's rejection of the appeal rested on 
evidence that an individual impersonating attorney Michael Brown filed the appeal. The petitioner has 
not contested, much less overcome, that finding. The petitioner has not shown that the AAO made any 
error by rejecting the appeal. The petitioner asserts that ,.,.,,, deceived him, thereby depriving him 
of the opportunity to file a proper appeal, but this does not change 'I' improper filing 
of the appeal. 
The AAO has reported this matter to USCIS Disciplinary Counsel. The Attorney Grievance 
Committees of the New York State Unified Court System state: "If you believe that someone is 
engaged in the unauthorized practice of law in New York, this infomation may be reported to your 
local District Attorney's office."' The Queens County District Attorney has jurisdiction over 
Flushing; the web address for that office is htt~://www.queensda.org/index2.html. 
There is, however, no remedy available, with respect to this petition proceeding, for a petitioner who 
assumes the risk of authorizing an unlicensed attorney or unaccredited representative to undertake 
representations on its behalf. See 8 C.F.R. $ 292.1. 
ORDER: The motion is dismissed. 
' Source: httD://www.courts.state.ny.us/i~/attorne~~!rievance/unauthorizedvractice.shtml (printout added to record June 
29,20 10)