dismissed EB-1A

dismissed EB-1A Case: Arts

📅 Date unknown 👤 Individual 📂 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 initial denial, as required. The petitioner stated an intent to submit additional evidence but failed to do so in the eleven months following the appeal, leading to the dismissal.

Criteria Discussed

Sustained National Or International Acclaim Summary Dismissal For Failure To Identify Error

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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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