dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or statement of fact as the basis for the appeal. The appeal form only contained a general statement that the standards for a National Interest Waiver were wrongly applied, which is insufficient for a substantive appeal.
Criteria Discussed
Failure To Identify Specific Error On Appeal
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U.S. Department of Homeland Security 20 Mass. Avr., N.W.. Rm. A3042 identifying data deleted to pler~rtw-td ilmdom~prrml~ pRlBuCCOPY Washington, DC 20529 U.S. Citizenship and Immigration Services FILE: - Office: TEXAS SERVICE CENTER Date: DLc 1 2005 SRC 05 066 5 1040 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 1 153(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 further inquiry must be made to that office. v' O Robert P. Wiemann, Director Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Off~ce on appeal. The appeal will be summarily dismissed. 8 C.F.R. ยง 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 4, 2005, counsel did not indicate that a separate brief or evidence accompanied the appeal form, or that any further submission would be forthcoming. Instead, counsel indicated "I am not submitting a separate brief or evidence." Thus, counsel's statement on the Form I-290B itself constitutes the entire appeal. The statement on the appeal form reads, in its entirety: "The standards set forth in Matter ofNew York State Dept of Transportation (AAO, Aug. 7 1998, EAC-96-063-51031) in regard to employment based 2" preference immigrant petition with request for a National Interest Waiver were wrongly applied to this petition by the Citizenship and Immigration Services." This is a general statement that makes no specific allegation of error. Counsel does not identify the "standards" in question, nor does counsel explain how the director wrongly applied those standards in the present matter. The bare assertion that the director somehow erred in rendering the decision is not sufficient basis for a substantive appeal. Inasmuch as counsel has failed to identi5 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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