dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify an erroneous conclusion of law or statement of fact as the basis for the appeal. The petitioner's general statement on the appeal form, "U.S. CIS misinterpreted the regulations as to my petition," was deemed insufficient for a substantive appeal.
Criteria Discussed
Not specified
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PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U. S. Citizenship and Immigration Services FILE: Office: NEBRASKA SERVICE CENTER Date: AUG 2 9 2006 LIN 05 009 5 1720 IN RE: 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. \I kobert P. Wiemann, Chief Administrative Appeals Office Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the employrnent-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. 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, the petitioner indicates that he is "not submitting a separate brief or evidence." Therefore, the Form I-290B itself constitutes the entirety of the appeal. (The petitioner also submits a photocopy of the denial notice, but this is not a substantive addition to the record.) The statement on the appeal form reads simply "U.S. CIS misinterpreted the regulations as to my petition." This is a general statement that makes no specific allegation of error. The bare assertion that the director somehow erred in rendering the decision is not sufficient basis for a substantive appeal. Inasmuch as the petitioner 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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