dismissed EB-2 NIW Case: Unknown

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COpy 
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 
DATE:OCT 3 1 2011 OFFICE: NEBRASKA SERVICE CENTER FILE 
INRE: Petitioner: 
Beneficiary: 
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 
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. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will 
reject the appeal. 
Under the U.S. Citizenship and Immigration Services (USCIS) regulation at 8 C.F.R. § 292.4(a), as 
well as the instructions to the Form I-290B Notice of Appeal, if an attorney files an appeal with the 
Administrative Appeals Office, the filing must include a newly executed Form G-28 Notice of Entry 
of Appearance as Attorney or Representative, even if the record includes an older form from the 
same attorney. This regulation applies to all appeals filed on or after March 4, 2010. See 75 Fed. 
Reg. 5225 (February 2,2010). 
The petitioner filed the Form 1-140 petition on December 1,2008, with a Form G-28 dated March 
15, 2008, naming petitioner's attorney of record. The director denied the 
petition on June 10, the appeal on July 13, 2010, but the filing did not 
include a new Form G-28 as required. 
Under the regulation at 8 C.F.R. § 103.3(a)(2)(v)(A)(2), if an appeal is otherwise properly filed 
without a Form G-28, then USCIS must contact the attoi1iie and attem t to obtain the required form. 
Therefore, on August 31, 2011, the AAO instructed to submit the required form 
within ten (10) calendar days. The AAO sent its request by acslmile to the number on •. 
. . The allotted time has elapsed, and the AAO has received no response 
The AAO notes that had indicated, on Form I-290B, that he would submit an 
appellate brief within 30 record contains no further submission from or 
any other indication that he has continued to pursue the appeal. 
Because an attorney filed the appeal without a new, properly executed Form G-28, the regulation at 
8 C.F.R. § 103.3(a)(2)(v)(A)(2)(i) requires the AAO to reject the appeal. 
ORDER: The appeal is rejected.