dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because counsel failed to submit a brief or additional evidence after filing the appeal. After more than 10 months with no submission, the AAO contacted counsel, who failed to respond, leading to the dismissal for failing to identify any specific error in the original decision.
Criteria Discussed
Sustained National Or International Acclaim
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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 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 the office that originally decided your case. Any further inquiry must be made to that office. b&b 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. 5 1153(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 he would submit a brief andlor evidence to the Administrative Appeals Office (AAO) within 30 days. Citizenship and Immigration Services received the appeal on November 7, 2005. As of September 15, 2006, over 10 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 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. 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identifl 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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