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DismissedEB-2 · Motion to reopen & reconsider

Occupation not stated

Biomedical & life sciences · decided 2013-03-04 · TSC · MAR042013_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 found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States. See in text

What the AAO decided

Main reasons given

  • The director already addressed the petitioner's response to the request for evidence, and found it insufficient to establish eligibility. for the benefit sought. See in text
Read the full decision (2 pages)

Objections found (1)

Automated tags. Each shows the sentence that triggered it.

  • The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States. See in text (p. 2)

Full decision

OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

Highlighted: Outcome (1) AAO finding (1) Tagged objection (1)Matter of X citation
Decision header
DATE: MAR 0 4 2013 OFFICE: TEXAS SERVICE CENTER · INRE: Petitioner: · Beneficiary: p:$.~ l)iji~rfuie~t 9f: --~~~B.~il[~~~ U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citize.nship and Imnngration :Services · · PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced

Degree or an Aijen 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 Administrative Appeals Office in you~ 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,

~Ron Rosen be .

Acting Chief, Administrative Appeals Office

(b)(6)Pagez

DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will summa,rily dismiss the appeal. ·

The petitioner seeks classification under 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. · The petitioner seeks employment as a physician specializing in oncology and hematology. The petitioner asserts that an exemption_ from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.No interest from users, customers or investors 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 of fact for the appeal.'' 8 C.F.R. § 103.3(a)(l)(v).

On the Form I-290B Notice of Appeal, the petitioner checked a box reading ''No supplemental brief and/or additional evidence will be submitted." Therefore, the initial appellate submission constitutes the entire appeal. The petitioner submits no exhibits on appeal except for a copy of the denial notice.

The four-paragraph statement on the appeal form consists entirely of language copied directly from an earlier letter from' counsel, submitted in response to a May 19, 2012 request for evidence . . The copied language even includes the same capitalization and grammatical error in the phrase "a ONCOLOGY/ HEMATOLOGY SPECIALIST." The phrase "she is constantly teaching ... " begins a sentence on the appeal form, but it lacks capitalization because' it originally appeared in the middle of a sentence in the earlier statement.

The director already addressed the petitioner's response to the request for evidence, and found it insufficient to establish eligibility. for the benefit sought. Resubmission of the same statement on appeal adds nothing of substance to the record. Because all of the appellate language existed prior to the denial notice, it identifies no specific error of fact or law in the denial notice. The repeated assertion that the director should have approved the petition is not a sufficient basis for a substantive appeal. Inasmuch as counsel has failed to identify specifically an erroneous conclusion of law or a statement of fact as a basis for the appeal, the AAO must summarily dismiss the appeal.

ORDER: The appeal is dismissed.