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DismissedEB-2 · Appeal

Finance company

Business & finance · decided 2018-08-21 · TSC · AUG212018_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.

Summary sentence

The Director of the Texas Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary possesses the required experience for the offered position. See in text

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 (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 (1)Matter of X citation
    Decision header
    Non-Precedent Decision of the Administrative Appeals Office · MATTER OF C- LLC DATE: AUG. 21, 2018 · APPEAL OF TEXAS SERVICE CENTER DECISION · PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a finance company, seeks to permanently employ the Beneficiary as an economist. It requests classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification. Immigration and Nationality Act section 203(b)(2), 8 U.S.C. § l 153(b)(2). This employment-based immigrant classification allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent resident status.

    The Director of the Texas Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary possesses the required experience for the offered position.

    The matter is now before us on appeal. The Petitioner submitted a Form 1-:290B, Notice of Appeal or Motion, on which the Petitioner marked Box l.b. in'Part 2, indicating that it would submit a brief and/or additional evidence to this office within 30 calendar days of filing the appeal. A letter from counsel accompanying the Form 1-290B states that the "legal and factual basis for [the appeal] are· detailed in the brief that will follow, which explains all the evidence previously submitted with correspondingly indexed evidence, as well as the applicable law and policy." The appeal was filed more than 30 days ago; however, we have not yet received a brief or additional evidence. Upon review, we will summarily dismiss the appeal.

    The regulation at 8 C.F.R. § 103.3(a)(l )(v) states, in pertinent part: 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 o f fact for the appeal.

    The Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as a basis for the appeal. The Petitioner has not provided a brief or additional evidence in support of the appeal. Therefore, consistent with 8 C.F.R. § 103.3(a)(l)(v), we will summ~ly dismiss the appeal.

    Matter ofC- LLC

    ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). Cite as Matter ofC-LLC, ID# 1608222 (AAO Aug. 21, 2018)