dismissed EB-1A

dismissed EB-1A Case: Arts

📅 Date unknown 👤 Individual 📂 Arts

Decision Summary

The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after stating they would. Counsel did not respond to an inquiry from the AAO, leading to the dismissal for failure to specifically 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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PUBLIC COPY 
U.S. Department of Ifomeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
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. 5 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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. 
Administrative Appeals Office 
DISCUSSION: 
 The employment-based immigrant visa petition was denied by the Director, 
Nebraska Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The 
appeal will be dismissed. 
The petitioner seeks classification as an "alien of extraordinary ability" in the arts, pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 153(b)(l)(A). 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 the petitioner has sufficient evidence to establish eligibility on 
appeal and that a brief and/or evidence would be submitted to the AAO within 30 days. On March 9, 
2007, counsel requested an additional 45 days. 
As of April 3, 2008, this office had received nothing further. Thus, on that date, this office contacted 
counsel by facsimile, advising that we had received no additional materials, inquiring as to whether 
anything had been submitted and requesting a copy of any additional materials submitted. The 
facsimile advised that failure to respond to our inquiry within five business days may result in the 
summary dismissal of the appeal. As of this date, approximately two weeks later, this office has 
received no response. 
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. 
Counsel here 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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