dismissed EB-2 NIW

dismissed EB-2 NIW Case: Medicine

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ Medicine

Decision Summary

The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the original denial. The petitioner's counsel did not challenge the director's findings or submit any new evidence to support the claim that an exemption from the job offer requirement was in the national interest.

Criteria Discussed

National Interest Waiver

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u.s. Citizenship 
and Immigration 
Services 
DATE: Office: TEXAS SERVICE CENTER FILE: 
JAN 1 0 2~tZ 
IN RE: Petitioner: 
Beneficiary: 
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: 
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 olliee. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. 
The specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must he 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or 
Motion, with a fee of $630. Please be aware that 8 C.F.R. ยง 103.5(a)(I)(i) requires that any motion Illuq 
be filed within 30 days of the decision that the Illation seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
'tvww.uscis.go\, 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director. Texas 
Service Center. and is now before the Administrative Appeals 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. ยง J153(b )(2), as a member of the professions holding an advanced degree. 
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 
had not established that an exemption from the requirement of a job offer would be in the national 
interest of the United States. 
On appeal, counsel states: "We respectfully submit that the record demonstrates that I the 
petitioner] meets the qualifications of a physician of exceptional ability whose work is in the 
national interest." Counsel indicated that she would not be submitting a supplemental hrief 
and/or evidence. 
Counsel does not specifically challenge any of the director's findings or point to specific errors 
in the director's analyses of the documentary evidence. Moreover, the appellate suhmission was 
unaccompanied by any further documentary evidence showing that the petitioner'S past record of 
achievement is at a level that would justify a national interest waiver. 
As stated in 8 C.F.R. ยง J03.3(a)(J)(v), an appeal shall be summarily dismissed if the party 
concerned fails to identify specifically any erroneous conclusion of law or statement of fact for 
the appeal. The petitioner has not specifically addressed the reasons stated for denial and has not 
provided any additional evidence pertaining to the classification sought. The appeal l11ust 
therefore he summarily dismissed. 
ORDER: The appeal is dismissed. 
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