dismissed
EB-2 NIW
dismissed EB-2 NIW Case: 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. Avoid the mistakes that led to this denial
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