dismissed EB-2 NIW Case: Pediatric Pulmonology

U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
MAR 2 5 2010 
SRC 08 238 52054 
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. 5 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. 5 103.5 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). 
U Perry Rhew 
2Chief, Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will 
summarily dismiss the appeal. 
The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. fj 1153(b)(2), as a member of the professions holding an advanced degree. The 
petitioner seeks employment as a pediatric pulmonology fellow at Westchester Medical Center, 
Valhalla, New York. 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. 
8 C.F.R. $ 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 5,2009, counsel indicated that "[nlo supplemental 
brief andlor additional evidence will be submitted." An accompanying cover letter indicated that the 
appeal included "I) Form G-28" and "2) Form I-209B [sic]." Counsel made no reference to any 
accompanying brief. Therefore, the Form I-290B itself constitutes the entirety of the appeal. 
The statement on the appeal form reads, in its entirety: 
The record will reflect that the self-petitioner qualifies as an advanced degree 
professional whose work is in the national interest. The Service claims that there is no 
evidence that [the petitioner's] work has been recognized or that her work has been 
adopted and had a national impact. The record however contains testimonials from her 
peers to that effect and evidence of national publications in the field. 
Counsel's general statements include no specific allegation of error. We note that, in the denial notice, 
the director acknowledged the petitioner's published work and quoted from witness letters. Therefore, 
the director clearly did not disregard those submissions. Counsel's observation that this evidence exists 
does not, by itself, justify disturbing the director's decision. 
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.