dismissed EB-2 NIW Case: Real Estate Development

identirying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COpy 
DATE: AUG 08 2012 
IN RE: Petitioner: 
Beneficiary: 
OFFICE: TEXAS SERVICE CENTER 
U.S. Department of Ilomeland Security 
U.S. Citizenship and hnmigraliuo Ser\'icc~ 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
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. § 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 AAO inappropriately applied the law in reaching its decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen in 
accordance with the instructions on Form 1-290B, Notice of Appeal or Motion, with a fee of $630. The 
specific requirements for filing such a motion can be found at 8 C.F.R. § 103.5. Do not file any motion 
directly with the AAO. Please be aware that 8 C.F.R. § 103.5(a)(1)(i) requires any motion to be filed within 
30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
erry Rhcw 
Chief, Administrative Appeals Office 
www.uscis.gov 
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, a real estate developer, seeks to classify the beneficiary under section 203(b)(2) of the 
Immigration and Nationality Act (the Act), 8 U.S.c. § ll53(b)(2), as a member of the professions 
holding an advanced degree. The petitioner seeks to employ the beneficiary as a development 
manager. 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 
beneficiary 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. 
The U.S. Citizenship and Immigration Services regulation at 8 C.F.R. § 103.3(a)(1 lev) states, in 
pertinent part, "[a]n 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 November 21, 2011, counsel requests "extended time 
until February 21, 2012" in order "to get up to speed on the facts at hand." The initial appeal 
submission contains no substantive discussion of the proceeding, but counsel indicates that, no later 
than February 21, 2012, counsel will "provide the AAO with a complete and accurate substantive 
response," including a "brief and supporting evidence." To date, five 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. 
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 AAO must summarily dismiss the appeal. 
ORDER: The appeal is dismissed.