dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusions of law or fact from the director's decision, as required by regulation. The petitioner indicated they would submit a brief and additional evidence within 30 days but failed to do so more than seven months after filing the appeal.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Fact
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(b)(6)
U.S. Department of Homeland Security
U.S. Citizenship and Immigration S e rvice ~
Office of Admini strative Appeals
20 Massachusetts Ave., N.W., MS 2090
Washington, DC 20529-2090
U.S. Citizenship
and Immigration
Services
DATE: MAY 0 8 2014 Office: TEXAS SERVICE CENTER FILE:
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:
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case.
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I~290B)
within 33 days of the date of this decision . Please review the Form . I-290B instructions at
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements.
See also 8 C.P.R. ยง.- 103.5. Do not file a motion directly with the AAO.
~~-
Ron Rosenberg {1- ยท
Chief, Administrative Appeals Office
www.uscis.gov
(b)(6)
NON-PRECEDENT DECISION
Page 2
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition and the
matter 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)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(1)(A), as an alien
of extraordinary in the arts. The director determined that the petitioner had not met the requisite
criteria for classification as an alien extraordinary ability.
In Part 2 of the Form I-290B, Notice of Appeal or Motion, the petitioner checked box "B" indicating
"[ m ]y brief and/or additional evidence will be submitted to the AAO within 30 days."
Part 3 of the Form I-290B includes a space to "[p]rovide a statement explaining any erroneous
conclusion of law or fact in the decision being appealed." The petitioner states:
The USICS [sic] denied this petition to classify [the petitioner] as an Alien of Extraordinary
Ability under Section 203(b)(1)(A) of the Immigration and Nationality Act. However, [the
petitioner] is eligible for this category. J
[The petitioner] provided sufficient evidence to establish his eligibility for each of the
criterion mentioned in his application. The evidence submitted meets the legal standard of
the Policy Memo, USCIS, Evaluation of Evidence Submitted with Certain Form I-140
Petitions, PM-602-0005.1 (Dec. 22, 2010) at 3, published on AILA InfoNet at Doc. No.
11020231. Also see Kazarian v. USCIS, 596 F.3d 1115, 1119-20 (9th Cir. 2010).
Further legal arguments and any evidenee will be presented within thirty (30) days of this
submission.
The petitioner's statements fail to specifically identify any erroneous conclusion of law or fact in the
director's decision. A passing reference without substantive arguments is insufficient to raise that
ground on appeal. Desravines v. U.S. Atty. Gen., 343 Fed.Appx. 433, 435 (11th Cir. 2009). The
petitioner does not specifically challenge any of the director's findings for the categories of evidence
at 8 C.P.R. ยง 204.5(h)(3) or point to specific errors in the director's analyses of the documentary
evidence. In addition, the petitioner does ยทnot explain how the sp~cific documentation that he
submitted supports a finding of eligibility.
The appeal was filed on September 6, 2013. As of this date, more than seven months later, we have
received nothing further.
As stated in 8 C.P.R. ยง 103.3(a)(1)(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 pertaining to his eligibility for the classification sought. The appeal must
therefore be summarily dismissed.
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