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DismissedEB-2 · Motion to reopen & reconsider

Occupation not stated

Other / unclear · decided 2015-02-24 · NSC · FEB242015_01B5203

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.

Summary sentence

The director determined that the petitioner failed to establish that it had the ability to pay the proffered wage. See in text

What the AAO decided

Main reasons given

  • The petitioner here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. 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
    DATE: FEB 2 4 2015 · IN RE: Petitioner: · Beneficiary: U.S. Department of Homeland Securiry U.S. Citizenship and Immigration Service Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services · OFFICE: NEBRASKA SERVICE CENTER FILE: · PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an

    Advanced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the Immigration and Nationality Act, 8 U.S.C. § I 153(b)(2) ON BEHALF OF PETITIONER:

    INSTRUCTIONS:

    Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or pol icy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form 1-2908) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://ww"v.uscis.gov/fot·ms for the latest information on fee, filing location, and other requirements. See also 8 C.P.R.§ 103.5. Do not file a motion directly with the AAO. Thank you,

    ��erg

    Chief, Administrative Appeals Office

    NON-PRECEDENT DECISION

    DISCUSSION: The Director, Nebraska Service Center (the director) denied the immigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed.

    The petitioner requests classification of the beneficiary as an advanced degree professi onal pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § ll53(b)(2).The director determined that the petitioner failed to establish that it had the ability to pay the proffered wage.

    The petitioner dated the appeal November 12, 2014. The petitioner indicated that it would file a brief and/or additional evidence with our office within thirty days. As of this date, more than 90 days later, we have received nothing further, and the regulation requires that any brief and/or additional evidence shall be submitted directly to us. 8 C.F.R. §§ 103.3(a)(2)(vii) and (viii). The petitioner failed to submit the required statement identifying an erroneous conclusion of law or fact in the director's decision with the Form I-290B, Notice of Appeal or Motion.'

    As stated in 8 C.F.R. § 103.3(a)(l)(v), an appeal shall be summarily dismissed if the pm1y concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal.

    The petitioner here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. It has not even expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed.

    ORDER: The appeal is dismissed.