dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Pulmonary And Critical Care Medicine
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any additional evidence. Counsel did not identify any specific erroneous conclusion of law or statement of fact from the director's initial denial, leading to a procedural dismissal.
Criteria Discussed
National Interest Waiver
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... , identifying data deleted to revent clearly unwarr~nted hwasion of persona\ pnvac) PUBLIC COpy DATE: JUN 0 9 2011 INRE: Petitioner: Beneficiary: U.S. Department of Homeland Security u.s. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Services Office: TEXAS SERVICE CENTER FILE: 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. ยง 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 office. 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 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 $630. Please be aware that 8 C.F.R. ยง 103.5(a)(1)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Tf\K~~ ~ P;rry ~:w \.J Chief, Administrative Appeals Office www.uscis.gov , ' Page 2 DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks classification pursuant to section 203(b )(2) of the hnmigration and Nationality Act (the Act), 8 U.s.c. ยง 1153(b)(2), as a member of the professions holding an advanced degree. The petitioner seeks employment as a pulmonary and critical care specialist. The petitioner asserts that an exemption from the requirement of a job offer, and thus of an alien employment certification, is in the national interest of the United States. The director, in detailed a two-page decision, found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but 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 indicated that she would not supplement the appeal with a brief andlor additional evidence. On the Form I-290B, Notice of Appeal or Motion, counsel merely stated that the petitioner "meets the requirements of a pulmonary and critical care expert whose work is in the national interest of the US." Counsel's cover letter merely stated that the petitioner "now timely wishes to timely appeal the decision." Counsel dated the appeal March 17, 2010. As of this date, more than 14 months later, the AAO has received nothing further. As stated in 8 C.F.R. ยง 103.3(a)(1)(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. Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. She has not even expressed disagreement with particular findings in the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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