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DismissedEB-2 · Appeal

Occupation not stated

Other / unclear · decided 2016-06-10 · TSC · JUN102016_02B5203

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

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. § 1 03.3(a)( I )(v). See in text

Main reasons given

  • The Petitioner has not provided any additional evidence to be considered on appeal. See in text
Read the full decision (2 pages)

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) AAO finding (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF D-S-C-, INC. · APPEAL OF TEXAS SERVICE CENTER DECISION · Non-Precedent Decision of the Administrative Appeals Office · DATE: JUNE 10.2016 · PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner. a software development and IT consulting company, seeks to permanently employ the Beneficiary in the United States as a systems analyst under the immigrant classification of advanced degree professional. See Immigration and Nationality Act (the Act) section 203(b)(2). 8 U.S.C. § 1153(b )(2). The Director, Texas Service Center, denied the petition. The matter is now before us on appeal. The appeal will be summarily dismissed.

    The I-140 petition was tiled on September 22, 2014. The petition \Vas accompanied by an ETA Form 9089. Application tor Permanent Employment Certification. which was filed with the Department of Labor (DOL) on December 24. 2012.

    The Director denied the petition on the ground that the Beneficiary did not have the education required tor the position and for classification as an advanced degree professional.

    The Petitioner filed a timely appeal on Form I-290B. In Part 3 of the Fom1 I-290B the Petitioner indicated that a brief and/or additional evidence would be submitted to us within 30 days. Part 4 of the Fom1 I-290B instructed the Petitioner. in pertinent part, as follows:

    On a separate sheet of paper. you must provide a statement regarding the basis tor the appeal or motion. You must include your name and A-number or USCIS ELlS Account Number on the top of each sheet.

    Appeal: Provide a statement that specifically identifies an erroneous conclusion of law or fact in the decision being appealed.

    Despite these instructions on the Form l-2908. the only statement the Petitioner provided with the appeal was a short letter asserting thaf' the I -140 Petition was denied in error'' and aftirming that .. [a 1 brief will be submitted within 30 days." No such brief has been submitted up to the date of this decision. No further evidence has been received since the Petitioner's appeal was filed. The regulation at 8 C.P.R. § 1 03.3(a)(l )(v) provides that an appeal shall be summarily dismissed ··,vhen the party concerned fails to identitY specifically any erroneous conclusion of law or statement of tact for the appeal."

    Matter (~f D-S-C-. Inc.

    In this case the Petitioner has identified neither any erroneous conclusion of law nor any erroneous factual findings in the Director·s decision. The Petitioner has not provided any additional evidence to be considered on appeal. In accordance with 8 C.F.R. § 1 03.3(a)(l )(v). therefore. the appeal will be summarily dismissed.

    ORDER: The appeal is summarily dismissed pursuant to 8 C.F .R. § 1 03.3(a)( I )(v).

    Cite as Matter of D-S-C-. Inc .. ID# 18279 (AAO June 10, 2016)