dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner failed to state any reason for the appeal on the Form I-290B. The regulations at 8 C.F.R. ยง 103.3(a)(l)(v) require that an appeal be summarily dismissed if the appealing party fails to specifically identify any erroneous conclusion of law or statement of fact in the original decision.
Criteria Discussed
Not specified
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PUBLIC COPY identifying data deleted to $event cleariy !~nwamted invasion of personal privaty U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rrn. 3000 Washington, DC 20529 U. S. Citizenship and Immigration EAC 05 136 52288 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. tj 1 153(b)(2) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. w %obert P. Wiemann, Chief Administrative Appeals Office Page 2 DISCUSSION: The Director, Vermont Service Center, denied the employment-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 identi6 specifically any erroneous conclusion of law or statement of fact for the appeal." On the Form I-290B Notice of Appeal, the petitioner indicated that she was "not submitting a separate brief or evidence." The record does not show that any other documentation accompanied the appeal notice, except for a copy of the denial notice. Therefore, the Form I-290B itself constitutes the entire appeal. The Form I-290B includes a section marked "state the reason(s) for this appeal." The petitioner left this section blank, and thus failed to state any reason for the appeal. Inasmuch as the petitioner has failed to identi6 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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