dismissed EB-2 NIW

dismissed EB-2 NIW Case: Pulmonary And Critical Care Medicine

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ 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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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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