dismissed EB-2 NIW Case: Vessel Captain

(b)(6)
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DATE: JAN 2 9 . Z013 
IN RE: Petitioner: 
Beneficiary: 
OFFICE: TEXAS SERVICE CENTER 
U;S. Department of Homeland Security 
U.S. Citizenship and Immigration Servi~:es 
Administrative Appeals Offi~:e (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 Advance.d 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the lmmigralion 
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 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 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. § l03.5(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, 
~~~ 
~ Rosenbe~ · : · 
Acting Chief, Administrative Appeals Office . 
www.uscis.gov 
(b)(6)
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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 pursuant to section 203(b)(2) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. § 1153(b)(2), as an alien of exceptional ability in the sciences, the arts or business. 
The petitioner seeks employment as a captain of a vessel. · The petitioner as~erts 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 failed to establish that he. qualifies for classification as an 
alien of exceptional ability, or that an exemption from the requirement of a job offer would be in the 
national 'interest of the United States. · 
' . 
The U.S. Citizenship and Immigration Services (USCIS) regulation at 8 C.F.R. § 103.3(a)(l)(v) states, 
in pertinent part, "[ a]n officer to whom. an appeal is taken shall summarily dismiss any appeal when the 
party concerned fails to identify specifically any erron~ous conclusion of law or statement of fact for the 
appeal." 
On the Form 1-2908 Notice of Appeal, filed on September 28, 2012, ~unsel indicated that a brief 
would be forthcoming within thirty days. To date, over three months later, careful review ofthe record 
reveals no subsequent submission; all other documentation in the reeord predates the issuance of the 
notice of decision. 
The statement on the appeal form reads, in its entirety: "The reviewing officer erred in denying 
petitioner's 1-140 as the requirements of the regulations have been met.'; This is a general statement 
that makes no specific allegation of error. The bare assertion that the director somehow erred m 
rendering 
the decision is not sufficient basis for a substantive appeal. 
Because 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.