·Degree or an Alien of Exceptional · Ability Pursuant to Section 203(b )(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed please find the decision of the Adniinistrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office.
If you believe the AAO inappropriately· applied the law in reaching its decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen in accordance with ·the instructions on Form I-290B, Notice of Appeal or Motion, with a fee of $630. The specific requirements for filing such a motion can be found at 8 C.F.R. § 103.5 . .. Do not file any motion directly with the AAO. Please be aware that 8 C.F.R; § 103.5(a)(l)(i) requires any motion to be filed within 30 days of the decision that the motion s~eks to reconsider or reopen.
Ron Rosenberg
Acting Chief, Administrative Appeals Office. www~ uscis.gov
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DISCUSSION: · The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center~ and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. '
The petitioner is a nursery. It seeks to employ tlie beneficiary permanently in the United States as a director. The director determined that the employer and/or alien may have engaged in a material misrepresentation involving the labor certification. The director denied the petition accordingly. In pertinent part, section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b )(2), provides immigrant classification to members of the professions holding advanced degrees or their equivalent and whose services are sought by an employer in the United States. An advanced degree is a United States academic or professional degree or a foreign equivalent degree above the baccalaureate level. 8 C.F.R. § 204.5(k)(2). The regulation · further states: "A United States baccalaureate degree or . a foreign . equivalent degree followed by at least five years · of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is custo·marily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree ." /d.
On appeal, Counsel failed to identify specifically any erron~ous conclusion of law or statement of fact for the appeal. Counsel stated that a brief and additional sup1>9rting documents would be submitted within 30 days of the filing of the appeal ~ Counsel dated the appeal March 29, 2011. As of this date, the AAO has received nothing further, and the regulation requires that any brief shall be submitted directly to the AAO. 8 C.F.R. §§ 103.3(a)(2)(vii) and (viii).
As stated in 8 C.P.R. § 103.3(a)(l)(v), ali appeal shall be summarily dismissed if the party concerned , fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. · The appeal must therefore be summarily dismissed.
·ORDER: The appeal is dismissed.