dismissed EB-2 NIW

dismissed EB-2 NIW Case: Research

📅 Date unknown 👤 Individual 📂 Research

Decision Summary

The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not identify any specific erroneous conclusion of law or statement of fact in the appeal, instead only requesting an extension of time to submit a brief, which was never provided.

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact

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identifylng Bata deleted to . prevent dearly unwarranted 
invasion d persad privacy 
PUBLIC COPY 
FILE: 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
Office: NEBRASKA SERVICE CENTER Date: JW( 0 7 2006 .- - 
LIN 04 266 50474 
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. $ 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 fiuther inquiry must be made to that office. 
v > Robert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition. 
The matter is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. 
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." 
The petitioner's statement on the Form I-290B Notice of Appeal does not address or contest the grounds for 
denial. Rather, the petitioner's statement is devoted to a request for a 90-day extension to submit a brief, and the 
petitioner's reasons for requesting this extension. The petitioner states that he needs time to write up research 
results for publication before he will be able to turn his attention to the appeal. 
The petitioner filed the appeal on November 10, 2005. Thus, the requested 90 day period ended in early 
March 2006. To date, seven months after the filing of the appeal, 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 appeal must be summarily dismissed. 
ORDER: The appeal is dismissed. 
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