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DismissedEB-2 · Motion to reopen

Medical practice and research clinic

Clinical & health · decided 2017-12-05 · TSC · DEC052017_03B5203

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.

Summary sentence

2017 PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a medical practice and research clinic, seeks to employ the Beneficiary as director of 1 The Director of the Texas Service Center denied the petition finding that the Petitioner did not establish that the Beneficiary had the training required for the offered position.

What the AAO decided

  • As such, we will dismiss the appeal as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3)(i). See in text
  • ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). See in text

Main reasons given

  • Moreover, because the Petitioner did not submit the required evidence, the Beneficiary is not eligible for immigrant classification as an advanced degree professional. See in text
Read the full decision (2 pages)

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 (2) AAO finding (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF S-A-M-, LLC · APPEAL OF TEXAS SERVICE CENTER DECISION · Non-Precedent Decision of the Administrative Appeals Office · DATE: DEC. 5. 2017 · PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a medical practice and research clinic, seeks to employ the Beneficiary as director of 1 The Director of the Texas Service Center denied the petition finding that the Petitioner did not establish that the Beneficiary had the training required for the offered position. The Director subsequently denied the Petitioner's motion to reopen and reconsider.

    On appeal, the Petitioner did not submit sufficient evidence to establish that the Beneficiary had the required training for the offered position. Further, in the course of reviewing the record. we identified four additional grounds of ineligibility. Accordingly. we issued a notice of intent to dismiss and request for evidence (NOID/RFE). In the NOID/RFE we notified the Petitioner that in addition to lacking sufficient evidence of the Beneficiary's training. the record also does not establish that: (1) the Beneficiary has the experience required for the offered position. (2) the Beneficiary has the education required for the offered position, (3) the job opportunity was hona fide, and (4) the Petitioner intends to employ the Beneficiary in the offered positon. In the NOID/RFE we specifically instructed the Petitioner to provide additional documentation to address the evidentiary deficiencies and discrepancies in the r~cord. The Petitioner did not respond to the NOID/RFE.

    If a petitioner does not timely respond to a request for evidence or notice of intent to deny. U.S. Citizenship and Immigration Services may summarily deny a petition as abandoned. deny it based on the record, or deny it on both grounds. 8 C.F.R. § 103.2(b)(13)(i).

    The petition identifies the offered position as medical scientist. We will refer to the position as director of clinical research, however, as stated on the accompanying labor certification, approved by the U.S. Department of Labor (DOL).

    It requests his classification as a member of the professions holding an advanced clinical research. degree under the second-preference immigrant category. See Immigration and Nationality Act section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). This employment-based. "'EB-2'" classification allows a U.S. business to sponsor a professional with a master's degree or a bachelor's degree followed by five years of experience for lawful permanent resident status.

    Matter ofS-A-M-. LLC

    Here, we mailed a NOID/RFE to the Petitioner on August 24, 2017. Our NOID/RFE specifically informed the Petitioner that "[w]e may dismiss your case if we do not receive your response to this NOID/RFE within 87 days of the date on the cover letter. This time period includes three days added for service by mail.'' (Emphasis in original).

    To date, more than 95 days have lapsed, and we have not received a response from the Petitioner. As such, we will dismiss the appeal as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3)(i). Moreover, because the Petitioner did not submit the required evidence, the Beneficiary is not eligible for immigrant classification as an advanced degree professional.

    As the Petitioner did not respond to our NOID/RFE, it abandoned its appeal.

    ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). Cite as Matter o{S-A-M-. LLC. ID# 012095 (AAO Dec. 5, 2017)