dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because the petitioner failed to provide any supporting documentary evidence for the assertions made on appeal. The petitioner did not specifically challenge any of the director's findings of fact or conclusions of law, which is a requirement to avoid summary dismissal.
Criteria Discussed
Prizes Or Awards Membership In Associations Published Material About The Alien
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U.S. Department of IIonteland Security U S C~t~zenship and Imnilgratlon Serwces Office ofAdrnln~straflve Appeals MS 2090 identifying data deleted to Wash~ngton, DC 20529-2000 p;e\ic!-it dear! y enwarranted U. S. Citizenship i3v:lsion i3f perscnal privacj and Immigration gIJBLIC COPY Services 2 Office: NEBRASKA SERVICE CENTER Date: A~R 2 0 2009 - -. -- LIN 07 171 50820 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. 9 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. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 9 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. ยง 103.5(a)(l)(i). Acting Chief, Administrative Appeals Office Page 2 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 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. fj 1153(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 necessary to qualify for classification as an alien of extraordinary ability. More specifically, the director found that the petitioner had failed to demonstrate her receipt of a major, internationally recognized award, or that she meets at least three of the criteria at 8 C.F.R. fj 204.5(h)(3). The director's decision provided a thorough discussion of the deficiencies in the evidence submitted by the petitioner for each of the pertinent regulatory criteria. On appeal, the petitioner states: Golden Eagle Award is a national award. Star Flower Prize is a national level award for documentaries. China TV Artist Association requires outstanding achievements for applicants to apply for membership. "Cultural Messenger" and "China International Academic Journal" are two trade journals in the field of culture and arts. Applicant has met the 3 categories of evidence: national award, outstanding membership and publication about applicant. The petitioner's appellate submission was unaccompanied by evidence to support her assertions. Simply going on record without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). For example, there is no evidence establishing that the Golden Eagle Award and the Star Flower Prize were primarily attributable to the petitioner's work and were nationally recognized awards for excellence in the field, that the China TV Artist Association requires outstanding achievements of its members as judged by recognized experts in her field, and that Cultural Messenger and China International Academic Journal constitute major trade publications or some other form of major media. We find that the director properly considered the evidence submitted and appropriately addressed the evidence and arguments in his detailed discussion of the regulatory criteria at 8 C.F.R. $3 204.5(h)(3)(i), (ii) and (iii). On appeal, the petitioner does not specifically challenge any of the director's statements or his analyses of the evidence submitted for the preceding regulatory criteria. Further, the appellate submission was unaccompanied by arguments or evidence addressing any of the remaining regulatory criteria at 8 C.F.R. ยง 204.5(h)(3). The petitioner indicated that she was not submitting a supplemental brief andlor evidence in support of her appeal. As stated in 8 C.F.R. 3 103.3(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. Page 3 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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