dismissed
EB-2 NIW
dismissed EB-2 NIW Case: 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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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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