dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's denial. The petitioner did not submit a separate brief or additional evidence with the appeal.
Criteria Discussed
Sustained National Or International Acclaim
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Wash~ngton, DC 20529 PUBLIC COPY @ U. S. Citizenship and Immigration sG~d Services identifying data deleted to prevent clear1 y j~i~ v~arranted invasion of personal privacy r FILE: Office: TEXAS SERVICE CENTER Date: OCT 2 4 2007 WAC 06 007 52530 IN RE: PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(l)(A) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. A ee obert P. Wiernann, Chief Administrative Appeals Office Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1153(b)(l)(A), as an alien of extraordinary ability in the arts. The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. On appeal, counsel states: The petitioner . . . does not agree [with] the Notice of Decision dated September 28, 2006 from USCIS Texas Service Center. [The petitioner] believes that he has submitted sufficient specific evidence to demonstrate that he should be granted Form 1-140 petition [sic] for immigration under the category of extraordinary ability. The petitioner's appeal was filed on October 24, 2006. The appellate submission was unaccompanied by arguments or evidence addressing the pertinent regulatory criteria at 8 C.F.R. 5 204.5(h)(3). On the Form I- 290B, Notice of Appeal to the AAO, counsel checked the box indicating that the petitioner was "not submitting a separate brief or evidence." As stated in 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. The petitioner 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.
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