PetitionLens
All decisions
DismissedNational Interest Waiver · Appeal

Occupation not stated

Other / unclear · decided 2017-08-18 · TSC · AUG182017_01B5203

Official PDF on uscis.gov

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.

  • Prong 1Merit and national importanceNot decided

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

  • Prong 2Well positioned to advance itNot decided

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

  • Prong 3Worth waiving the job offerNot decided

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

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

What the AAO decided

  • ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § I03.3(a)( 1)(v). See in text
Read the full decision (1 page)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

No catalog objection was detected in the analysis section.

    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
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF B-F- · APPEAL OF TEXAS SERVICE CENTER DECISION · Non-Precedent Decision of the Administrative Appeals Office · DATE: AUG. 18,2017 · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a native and citizen of Bangladesh, seeks classification as a member of the professions holding an advanced degree. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). The Petitioner also seeks a national interest waiver of the job offer requirement that is attached to this EB-2 immigrant classification. See section 203(b)(2)(B)(i) of the Act, 8 U.S.C. § 1153(b)(2)(B)(i). U.S. Citizenship and Immigration Services may grant this discretionary waiver of the required job offer, and thus of a labor certification, when it is in the national interest to do so.

    The Director of the Texas Service Center denied the petition. The matter is now before us on appeal. Upon review, we will summarily dismiss the appeal.

    An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically an erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. § 103.3(a)(1 )(v).

    The Petitioner did not provide a statement in support of the appeal that specifically identities an erroneous conclusion of law or fact in the decision being appealed. Instead, the two-sentence statement submitted with the appeal is general and vague. On the Form 1-2908, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence would be submitted within 30 days of the October 3, 2016, tiling date. However, we have not received anything further from the Petitioner to date. Because the Petitioner has not identified a specific, erroneous conclusion of law or statement of fact in the Director's decision below, the appeal must be summarily dismissed.

    ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § I03.3(a)( 1)(v). Cite as Matter ofB-F-, ID# 596781 (AAO Aug. 18, 2017)