Degree or an Alien of Exceptional Ability P(lrSuant to Section Z03{b )(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2) -·
ON BEHALF OF PETITIONER:
SELF-REPRESENTED
INSTRUCTIONS:
Enclosed plea8e {irid the decision of th.e A~mini~t.rative Appeals Office in your case. All of the documents related to this mat_ter haye been returned to the office that originally decided your case. l'lease be advised that any further inquiry that you might have concerning your cl!,se must be made to that office. If you believe the law was inappropriately applied by us irt reaching our decision, or you have additional information that you wish to have co)isidered, you may file a motion to reconsider or a motion to reopen. the specific requirements for filing such a re.quest can be found at 8 C.F.:R; § 1()3.5. All motions must be submitted to the office that originally decided your case by filing a· Form I-290B, Notice of Appeal or Motion, with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(l)(i) requires that arty motion must be filed within 30 days of the decision that the motion seekS to reglnsid¢_r or reopen.
Thank you,
(#r£}
Ron Rosenberg d"'-
Chief, Administrative Appeals Office
NON-PRECEDENT DECISION
. DISCUSSION: · The Director, Texas Service Center, denie<;l the immigrant visa petition and the I)l_atter is now before the Administnitive Appeals Office (AAO) on. appe~l. The appeal will be ~ummarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13)(i). · The petitioner seeks to employ the beneficiary perm~ently in the United States as a physical therapist, pursul,lllt to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2). The petition is for a Schedule A, Group I occup~tion. The U.S. Department of Labor (POL) has qetermined that there are not sufficient u.s. workers who ~e able, willing, qualified and avail~ble and th~_t the wages and working conditions of similarly employed U.S. workers will not be adversely affected by the employmePt of aliens in Schedule A occupations. See 20 § C,F,R. 656.5. Only professional nurses and physical tberapjsts are on the current list of Schedule A, Group 1 occupations. 20 C.F.R. § 656.5(a).
Petitions fot Schedule A occupations do not require the petitioner to test the labor market and obtain a certified ETA Forlil 9089, Application f.or Alien Employment Certification, from DOL prior to filing the petition with U.S. Citizenship an.d IInmigration Services (USCIS). liistead, the petitioner files the petitjon directly with USCIS with an uncertified ETA Form 9089, !n duplicate. See 8 C.F.R. §§ 204.5(~)(Z) a.nd (k)(4); see (Jlso 10 C.P.R. § 656.15.
'the Director, Texas Service Center, denied the petition on September 1, 2010, concluding tb.~t the petitioner had "not shown that the beneficiary possesses an adva.m:ed degree'' and had "not .established the ability to pay the proffered wage at the time the priority date was es~blished and continuing to the present." Although the petitioner indiqtted on Form I-290B, Notice of Appeal or Motion, that a '-'brief and or additional evidence will be submitted to the AAO within 30 days,'' this office has not received anythjng furt_her.
On September 23, 2013, the AAO senJ the petitioner a notice of intent to dismiss the appeal (NOID). The NOlO ·allowed the petitioner 30 days in whicb to submit a response. The AAO informed t_be petitioner that failure to respond to the NOID would result in a dismissal of the appeal.
As of tbe date of this decision, the petitioner has not responded to the AAO's NOlO. the failure to · submit requested evidence that precludes a material line of inquiry shall be grotln<i~ · for denying the petition. See 8 C.F.R. § 103.2(b)(14). Since the petitioner failed to respond to the NQID, the appeal will be Summarily dismissed as abandoned pursuant to 8 C.P.R. § 103.2(t?)(13)(i).
In visa petition proceedings, it is the petitioner's burden to estl;lbli&h eligibility fot the iriunigration benefit sougbt. Section 291 of the Act, 8 U.S;C. § 1361~ Matter of Otiende; ~6 I&N Dec. 127, 128 (BIA 2013). Here, that burden h~s not been met.
OIIDER: The appeal is dismissed.