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 original denial. The petitioner mentioned an intent to submit additional evidence to support their claim as an opera singer but did not provide any arguments or new evidence with the appeal or in the eleven months that followed.
Criteria Discussed
8 C.F.R. ยง 103.3(A)(1)(V) (Summary Dismissal)
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 FILE: Washington, DC 20529 U. S. Citizenship and Immigration Office: VERMONT SERVICE CENTER Date: SEP 2 8 2005 EAC 04 127 53571 IN RE: Petitioner: Beneficia r 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. 5 1153(b)(l)(A) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. 5- "4 &Robert P. Wiemann, Director Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont 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. 5 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, the petitioner states: "I think I can submit more additional evidences for supporting to reopen my petition that shows my qualification in endeavor of my field, and that shows I am one of small percentage of opera singers at the very top of my field [sic]."' The appellate submission was unaccompanied by arguments or evidence addressing the pertinent regulatory criteria at 8 C.F.R. 5 204.5(h)(3). The appeal was filed on September 20, 2004. As of this date, more than eleven months later, the AAO has received nothing further. As stated in 8 C.F.R. 5 103.3(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. 1 Part 2 of the petitioner's Form I-290B, Notice of Appeal, however, does not indicate that the petitioner intends to provide further documentation at a later date.
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