dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Wireless Communications
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusions of law or statements of fact from the director's decision and did not submit a brief or additional evidence, as required by 8 C.F.R. ยง 103.3(a)(1)(v).
Criteria Discussed
National Interest Waiver
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identifying data deleted to prevent clearly unwarr '. anted InVasIOn of personaJ . pnvacy PUBLIC COpy DATE: MAY 1 7 2011 Office: NEBRASKA SERVICE CENTER IN RE: 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 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) ofthe Immigration and Nationality Act, 8 U.S.C. ยง 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 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 1-290B, 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, 5~St:: www.uscis.gov -Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition, which 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 Immigration 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 seeks employment in research and development / wireless communications. 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 the classification sought, but found 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, counsel indicated that no supplement brief and/or additional evidence would be submitted. On the Form I-290B Notice of Appeal, counsel merely stated that the petitioner submitted sufficient evidence and requests "a new trier of facts to review this record." Counsel does not address any of the director's specific bases for denial. 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. Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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