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DismissedEB-2 · Motion to reopen & reconsider

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Education · decided 2014-04-07 · NSC · APR072014_01B5203

Official PDF on uscis.gov

Decided under the old NYSDOT test, replaced by Matter of Dhanasar on Dec 27, 2016. Useful for background only.

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

The decision in brief

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Summary sentence

The director determined that the petitioner failed to establish that the beneficiary met the minimal education requirements on the approved labor certification as of the priority date. See in text

What the AAO decided

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    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (1)Matter of X citation

    DA1;J;,;R OFFICE: NEBRASKA SERVICE CENTER

    ~ 072014

    INRE: Petitioner:

    Beneficiary:

    U.S. Department of Homeland Security

    U.S. Citizenship and lmmigrati6n Service

    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) 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 (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO.

    ThW·. k.· yo·?/l .. -~. . . ' ····, .... ~ .· . . '. wr· -.·:·A·,. ._ ' Ron Rosenberg

    Chief, Administrative Appeals Office

    NON-PRECEDENT DECISION

    DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed.

    The petitioner seeks to classify the beneficiary pursuant to section 203(b )(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2), which provides for an immigrant classification to members of the professions holding advanced degrees or their equivalent and whose services are sought by an employer in the United States. The director determined that the petitioner failed to establish that the beneficiary met the minimal education requirements on the approved labor certification as of the priority date.

    On appeal, counsel stated that the director erred in denying the petition and that the beneficiary possesses the education required for the position. Counsel indicated that a brief would be submitted within 30 days.

    Counsel dated the appeal August 20, 2013. As of this date, more than seven monthslater, the AAO has received nothing further, and the regulation requires that any brief shall be submitted directly to the AAO. 8 C.F.R. §§ 103.3(a)(2)(vii) and (viii).

    As stated in 8 C.P.R. § 103.3(a)(l)(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.