dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific error of law or fact in the director's decision, which is a procedural requirement for an appeal. The petitioner also indicated she would submit a brief and additional evidence but failed to do so for over a year.
Criteria Discussed
Failure To State A Basis For Appeal
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U.S. Department of Homeland Security I 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration Services IN RE: Petitioner: Beneficiary: PETITION: Immigrant Petitlon or or er as an len o xtraor ]nary 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: SELF-REPRESENTED 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. 2 Robert P Wiemann, Director Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 11 53(b)(l)(A), as an alien of extraordinary ability in the arts. The director determined that the petitioner had not established the sustained national or international acclaim requisite to classification as an alien of extraordinary ability. On her Form I-290B, the petitioner states that she submitted ample documents to establish her eligibility and that a petition submitted at the same time and with the same documentation for her dance partner was approved. On her Form I-290B, the petitioner also indicated that she would send a brief and/or evidence to the AAO within 30 days. The petitioner dated her appeal February 1 1,2005. To date, over one year later, the AAO has received nothing further from the petitioner. As stated in 8 C.F.R. 9 103.3(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. The petitioner here has not identified any specific error of law or fact in the director's decision. The case of the petitioner's dance partner is not before us and we cannot determine whether the facts of that case are substantially similar to those in the petitioner's case. Accordingly, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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