dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit the promised brief or evidence. The petitioner also failed to identify any specific erroneous conclusion of law or statement of fact in the director's decision, which is a requirement for an appeal.
Criteria Discussed
Member Of The Professions Holding An Advanced Degree National Interest Waiver
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identifying data deleted to prevent clearly unwarr~nted invasion of personal pnvacy PUBLIC COpy DATE: JUN 0 9 2011 INRE: Petitioner: Beneficiary: U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services Office: TEXAS SERVICE CENTER FILE: 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. ยง 1153(b)(2) ON BEHALF OF PETITIONER: SELF -REPRESENTED INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. If you believe the law was inappropriately applied by us in reaching our decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $630. Please be aware that 8 C.F.R. ยง 103.5(a)(1)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, J:Perry Rhew Chief, Administrative Appeals Office www.uscis.gov Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center. In response to two motions the petitioner filed, the director withdrew the previous decision and issued a new notice of denial. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner seeks classification pursuant to section 203(b)(2) of the hnmigration and Nationality Act (the Act), 8 U.S.c. ยง 1153(b)(2), as an alien of exceptional ability or a member of the professions holding an advanced degree. The petitioner asserts that an exemption from the requirement of a job offer, and thus of an alien employment certification, is in the national interest of the United States. The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interest of the United States. On appeal, the petitioner stated that he would submit a brief and/or evidence to the Administrative Appeals Office (AAO) within 90 days, listing the evidence that he would submit. All of the proposed evidence postdates the filing of the petition and, thus, would have no bearing on the petitioner's eligibility as of that date. See 8 c.F.R. ยงยง 103.2(b)(1), (12); Matter of Katigbak, 14 I&N Dec. 45, 49 (Reg'l. Comm'r. 1971). The petitioner dated the appeal May 3,2010. As of this date, more than one year later, the AAO has received nothing further. As stated in 8 C.F.R. ยง 103.3(a)(1)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. The petitioner here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. He has not even expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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