dismissed EB-2 NIW Case: Vascular Surgery

(b)(6)
'· 
DATE: - OFFICE: TEXAS SE~VICE CENTER 
JAN 2 9 10\3 
IN RE: Petitioner: 
Beneficiary: 
U.S.-Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachuseus Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
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. § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matt~r 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 AAO inappropriately applied the law in reaching its decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen,.in 
accordance with the ·instructions on Form I-290B, Notice of Appeal or Motion, with a fee of $630. The 
specific requirements for filing such a motion can be found at 8 C.F.R. §.103.5. Do not file any motion 
directly with the AAO. Please be aware that 8 C.F.R. § 103.5(a)(l)(i) requires any motion to be filed within 
30 days of the decision that the motion seeks to reconsider or reopen.· - · 
Thank you·, 
~~ 
~on R~senberW -
Acting Chief, Administrative Appeals Office 
/ 
www.uscis.gov 
(b)(6)
::~. I, 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
·petition. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will 
summarily dismiss the appeal. 
The petitioner seeks classification under section 203(b)(2) of the Immigration and Nationality Act (the 
Act), 8 U.S.C. § 1153(b)(2), as a member of the professions holding an advanced degree. The 
petitioner seeks employment as a physician specializing in vascular surgery. The petitioner asserts that 
an exemption from the requirement of a job offer, and thus of a labor 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 has not established that 
an exemption from the requirement of a job offer would be in the national interest of the United States. 
An officer to whom an appeal is taken shall sumrnarpy dismiss any appeal when the party concerned 
fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal." 
8 C.F.R. § 103.3(a)(l)(v). ' 
On the Form I-290B Notice of Appeal, the petitioner checked a box reading "No supplemental brief 
and/or additional evidence will be submitted." Therefore, the initial appellate submission constitutes 
the entire appeal. The petitioner submitted no exhibits on appeal except for a copy of the denial notice. 
The statement on the appeal form consists entirely of language copied directly from an earlier letter· 
from counsel, submitted in response to a September 15, 2011 request for evidence. The director already 
addressed the petitioner's response to that notice, and found it insufficient to establish eligibility for the 
benefit sought. Resubmission of the same statement on appeal adds nothing of substance to the record. 
Because all of the appellate language existed prior. to the denial notice, it identifies no specific err~r of 
fact or law in the denial notice. The repeated assertion that the director should have approved the 
. petition is not a sufficient basis for a substantive appeal. 
Inasmuch as counsel has failed to identify specifically an erroneous conclusion of law or a statement of 
fact as a basis for the appeal, the AAO must summarily 
dismiss the appeal. 
ORDER: The appeal is dismissed.