dismissed EB-2 NIW Case: Unknown

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DATE: FEB 22 2012 OFFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
V.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 
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. § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIO)JS: 
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. 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition on May 7,2008. The Administrative Appeals Office (AAO) dismissed the petitioner's appeal 
on March 6, 2009. The petitioner then filed a motion to reopen and reconsider, which the AAO 
dismissed on November 9,2009, because it did not meet the requirements of a motion at the time it was 
filed. The petitioner filed a second motion to reopen or reconsider, which the AAO dismissed on 
December 20, 2010, again because it did not meet the requirements of a motion. The petitioner has 
appealed the AAO's 2010 decision. The AAO will reject the appeal. 
The authority to adjudicate appeals is delegated to the AAO by the Secretary of the Department of 
Homeland Security (DHS) under the authority vested in her through the Homeland Security Act of 
2002, Pub. L. 107-296. See DHS Delegation Number 0150.1 (effective March 1, 2003); see also 
8 c.F.R. § 2.1 (2003). The AAO exercises appellate jurisdiction over the matters described at 8 C.F.R. 
§ 103.1(f)(3)(iii) (as in effect on February 28, 2003), with two exceptions - petitions for approval of 
schools under § 214.3 are now the responsibility of Immigration and Customs Enforcement, and 
applications for S nonimmigrant status under § 214.2(t) are now the responsibility of the Fraud 
Detection and National Security office of u.S. Citizenship and Immigration Services (USCIS). That 
regulation did not give the AAO appellate jurisdiction over its own prior decisions. 
In its last decision in this proceeding, on December 20, 2010, the AAO indicated that the petitioner 
"may file a motion to reconsider or a motion to reopen," but the AAO did not state or imply that the 
petitioner could appeal that decision. The USCIS regulation at 8 c.F.R. § 103.5(a) permits the 
petitioner to file a motion based on an AAO decision, but the petitioner filed an appeal, not a motion. 
There is no comparable provision to allow an appeal. 
Because no statutory or regulatory provision exists to allow the petitioner to appeal an AAO decision to 
the AAO, the AAO must reject the appeal. 
ORDER: The appeal is rejected.