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:
SELF-REPRESENTED
INSTRUCTIONS:
Enclosed please find the decision of the Administrative 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 seeks to reconsider or reopen.
Thank you,
~~Vli~o c:ti
Ron Rosenberg
Acting Chief, Administrative Appeals Office www.uscis.gov
DISCUSSION: The visa petition was denied by the Director, Texas Service Center (director), and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed.
The petitioner seeks to classify the beneficiary pursuant to section 203(b )(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2), as a member of the professions holding an advanced degree or an alien of exceptional ability (who is not seeking a National Interest Waiver). The director determined that, as the beneficiary would not be functioning fully as a registered nurse, the offered position did not qualify for Schedule A designation. He denied the visa petition accordingly.
The petitioner does not state the basis for its appeal in Part 3 of the Form I-290B, Notice of Appeal or Motion, but checked Box B in Part 2, which states "I am filing an appeal. My brief and/or additional evidence will be submitted to the AAO within 30 days." The appeal is dated March 1, 2013. As of this date, approximately four months later, the AAO has received nothing further, and the regulation requires that any brief and or evidence shall be submitted directly to the AAO. 8 C.F.R. §§ 103.3(a)(2)(vii) and (viii).
Pursuant to the regulation at 8 C.F.R. § 103.3(a)(l)(v), an 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. Here, the petitioner has not addressed the reasons for appeal and has not provided any additional evidence. Therefore, the appeal must be summarily dismissed.
ORDER: The appeal is dismissed.