dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence as promised. After more than seven months with no submission, the AAO inquired and still received no response, leading to dismissal for failure to identify any erroneous conclusion of law or statement of fact in the original denial.
Criteria Discussed
Sustained National Or International Acclaim
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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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