dismissed EB-2 NIW

dismissed EB-2 NIW Case: Not Specified

📅 Date unknown 👤 Individual 📂 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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View Full Decision Text
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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