dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Polymer Chemistry
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief or identify any specific erroneous conclusion of law or statement of fact from the initial denial, as required by regulations, in the six months following the notice of appeal.
Criteria Discussed
National Interest Waiver
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U.S. Department of Homeland Security 20 Mass. Avc.. N.W., Rm. A3042 Washington. DC 20529 PUBLIC COPY U. S. Citizenship and Immigration FILE: EAC 03 182 5 1408 Office: VERMONT SERVICE CENTER Date: JUN 3 0 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 1 53(b)(2) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to decided your case. Any further inquiry must be made to that office. Robert P. Wiemann, Director Administrative Appeals Office EAC 03 182 51408 Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont 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. $ 1153(b)(2), as a member of the professions holding an advanced degree. The petitioner seeks employment in the field of polymer chemistry. 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. 5 103.3(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 January 4, 2005, the petitioner indicated that a brief would be forthcoming within 120 days. The notice of appeal advises that extensions longer than 30 days will be "granted only for good cause shown" (emphasis in original). The petitioner explains that the extension is necessary "[dlue to end of semester, research and teaching obligations and an already planned Christmas and winter vacation." To date, six months later, careful review of the record reveals no subsequent submission; all other documentation in the record predates the issuance of the notice of decision. Six months after the petitioner requested a four-month extension, the record contains no substantive response to the stated grounds for denial. Inasmuch as the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact as a basis for the appeal, the regulations mandate the summary dismissal of the appeal. ORDER: The appeal is dismissed.
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