dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or any evidence to support the appeal. After filing the appeal, counsel indicated that supporting documents would be submitted within 30 days, but more than a year passed with no further submission, leading to dismissal for failure to identify an erroneous conclusion of law or fact.
Criteria Discussed
Sustained National Or International Acclaim
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identifyingdatadeletedto prevent clearly unwarrllltld invasion-ofpcIIO-J*ivac" U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 u.s.Citizenship and Immigration Services PUBLICCOpy FILE: SRC 07 800 00856 Office: TEXAS SERVICE CENTER Date: fEB 20 2008 INRE: Petitioner: Beneficiary: 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. 1RO~~~ Administrative Appeals Office www.uscis.gov DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily 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. ยง 1153(b)(l)(A), as an alien of extraordinary ability in the arts. The director determined the petitioner had not established the sustained national or international acclaim necessary to qualifYfor classification as an alien of extraordinary ability. On appeal, counsel states: "The adjudicating officer incorrectly valued the evidence and information submitted." The appellate submission was unaccompanied by arguments or evidence addressing the pertinent regulatory criteria at 8 C.F.R. ยง 204.5(h)(3). Counsel indicated that a brief and/or evidence would be submitted to the AAO within 30 days. The appeal was filed on January 25,2007. As of this date, more than one year later, the AAO has received nothing further. As stated in 8 C.F.R. ยง 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 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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