dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Software Development
Decision Summary
The appeal was summarily dismissed on procedural grounds. Counsel for the petitioner failed to submit a brief or specifically identify any erroneous conclusion of law or statement of fact from the initial denial as the basis for the appeal.
Criteria Discussed
National Interest Waiver Procedural Requirements For Appeal
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U.S. Department of Homeland Security U.S. Citizenship and Immigration Services ODce ofAdministrative Appeals MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services SRC 07 800 18665 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: 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 further inquiry must be made to that office. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for the specific requirements. 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 $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 5 103.5(a)(l)(i). Perry Rhew u Chief, Administrative Appeals Office 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 seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(2), as a member of the professions holding an advanced degree. The petitioner seeks employment as a software developer at the University of Chicago. 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 April 23, 2008, counsel indicated that a brief would be forthcoming within thirty days. To date, over 21 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. On the appeal form itself, counsel sets forth several conclusions and states that the brief will support those conclusions. General conclusions that lack supporting arguments are not sufficient grounds for a substantive appeal. 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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