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DismissedEB-2 · Appeal

International student exchange business

Business & finance · decided 2017-01-24 · TSC · JAN242017_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. § 103.3(a)(l)(v). See in text
Read the full decision (1 page)

Objections found (0)

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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 C-E-USA INC. · APPEAL OF TEXAS SERVICE CENTER DECISION · Non-Precedent Decision of the Administrative-Appeals Office · DATE: JAN. 24,2017 · PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, an international student exchange business, seeks to classify the Beneficiary as an immigrant under Section 203(b)(2) ofthe Immigration and Nationality Act (the Act), and employ the Beneficiary permanently in the United States as an office manager. See Section 203(b)(2) of the Act, 8 U.S.C. § 1153(b)(2).

    The Director, 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 any erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. § 103.3(a)(l)(v).

    On the Form I-290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence would be submitted within 30 days of filing. On October 15,2016, the Petitioner requested additional time to submit an expert opinion that the Peti~ioner believed would be "very valuable evidence in support of the Appeal." The Petitioner indicated that it was "inclined to submit [the briefand evidence] within 90 days from the filing ofthe Appeal" on September 16, 2016.

    However, we have not received anything further from the Petitioner to date. Therefore, we must summarily dismiss the appeal. The burden of proof in these proceedings rests solely with the Petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not satisfied that burden and the appeal will be summarily dismissed.

    ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v).

    Cite as Matter o.fC-E-USA Inc., ID# 270565 (AAO Jan. 24, 2017)