dismissed EB-2 NIW

dismissed EB-2 NIW Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify a specific, erroneous conclusion of law or statement of fact in the Director's decision and did not submit a brief or additional evidence to support the appeal, even after being granted an extension.

Criteria Discussed

Failure To Identify Erroneous Conclusion Of Law Or Fact

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATIER OF Y-J-C-
Non·Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 21,2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a citizen and national of Taiwan, seeks classification as a member of the professions 
holding an advanced degree. Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. 
§ 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer requirement that is 
attached to this EB-2 immigrant classification. See section 203(b )(2)(B)(i) of the Act, 8 U .S.C. 
§ 1153(b)(2)(B)(i). U.S. Citizenship and Immigration Services may grant this discretionary waiver 
of the required job offer, and thus of a labor certification, when it is in the national interest to do so. 
The Director of the Nebraska Service Center denied the petition, notably concluding that, because 
the Petitioner is no longer employed in the proposed endeavor, she is ineligible for the benefit 
sought. The matter is now before us on appeal. Upon review, we will summarily dismiss the appeal. 
An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned 
fails to identify specifically an erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R. § 103.3(a)(l)(v). 
In support of the appeal the Petitioner generally asserted that the Director denied the petition in 
error. However, the Petitioner did not provide a statement in support of the appeal that specifically 
identifies an erroneous conclusion of law or statement of fact in the decision being appealed. On the 
Form 1-2908, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence 
would be submitted within 30 days of the January 29, 2018, filing date. We subsequently granted an 
extension to submit a brief until March 19, 2018. However, we have not received anything further 
from the Petitioner to date. Because the Petitioner has not identified a specific, erroneous conclusion 
of law or statement of fact in the Director's decision below, the appeal must be summarily 
dismissed. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(1)(v). 
Cite as Matter ofY-J-C-, ID# 1442146 (AAO June 21, 2018) 
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