dismissed EB-1A

dismissed EB-1A Case: Arts

📅 Date unknown 👤 Individual 📂 Arts

Decision Summary

The appeal was summarily dismissed because counsel failed to submit a brief or evidence after filing the appeal. The decision notes that counsel did not identify any specific erroneous conclusion of law or statement of fact, as required, leading to the dismissal.

Criteria Discussed

Sustained National Or International Acclaim

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View Full Decision Text
U.S. Department of Homelancl Security 
20 Mass. Ave., N.W., Rm. A3012 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: Office: VERMONT SERVICE CENTER Date: AJ[~ 1 2 2005 
228 
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: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
cided your case. Any further inquiry must be made to that office. 
Ik~obert P Wiemann, Director 
Administrative Appeals Office 
i/ 
- Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(fi) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 153(b)(l)(A), as an alien of extraordinary abil~ty 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 merely stated that he would submit a brief andlor evidence to the Administrative Appeals 
Office (MO) within 30 days. 
Counsel dated the appeal November 1, 2004. As of June 9, 2005, more than seven months later, the fa0 had 
received nothing further. Thus, on that date, ths office contacted counsel by facsimile, advising that we had 
received no additional materials, inquiring as to whether anythng had been submitted and requesting a copy of 
any additional materials submitted. The facsimile advised that failure to respond to our inquiry w~thin five 
business days may result in the summary dismissal of the appeal. As of ths date, approximately nine weeks later, 
ths office has received no response. 
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. 
Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional 
evidence. He has not even expressed disagreement with the director's decision. The appeal must therefore be 
summarily dismissed. 
ORDER: The appeal is dismissed. 
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