dismissed EB-1A

dismissed EB-1A Case: Arts

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ Arts

Decision Summary

The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after filing the appeal. Despite having over nine months and receiving an inquiry from the AAO, counsel did not identify any specific erroneous conclusion of law or statement of fact in the director's decision.

Criteria Discussed

Summary Dismissal For Failure To State Basis Of Appeal

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PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
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. ยง 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 
the office that originally decided your case. Any further inquiry must be made to that office. 
\I 
2 Robert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center, and is now before the Administrative Appeals Office 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. ยง 11 53(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 stated that he would submit a brief andfor evidence to the Administrative Appeals 
Office (AAO) withn 30 days. Counsel dated the appeal November 2, 2005. As of August 17,2006, 
more than nine months later, the AAO 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 anythlng 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 three 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 identi% 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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