dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Not Specified
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact as a basis for the appeal. The counsel's submission was a single conclusory sentence and was not considered a substantive appellate brief.
Criteria Discussed
National Interest Waiver Procedural Requirements For Appeal
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rrn. 3000 Washington, DC 20529-2090 U. S. Citizenship and Immigration SRC 07 095 52216 IN RE: 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. S) 1 153(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. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 3 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 5 103.5(a)(l)(i). Administrative Appeals Office DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. 8 C.F.R. 9 103.3(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 I-290B Notice of Appeal, filed on June 12,2008, counsel did not indicate that any further evidence would be submitted in the future. Rather, counsel checked a box reading "My brief andlor additional evidence is attached." A single sentence accompanies the appeal: "The Service erred in its decision as the Applicant did satisfy the requirements of a waiver in the national interest." This is not a substantive appeal, but rather a conclusion set forth without supporting arguments or evidence. A bare assertion of eligibility is not an appellate brief. 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.
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