dismissed EB-1A Case: Arts

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
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FILE: Office: VERMONT SERVICE CENTER Date: SFp "j"q05 
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. 5 1 153(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. 
c* u 
?"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. $ 1153(b)(l)(A), as an alien of extraordinary ability in 
the arts. The director determined the petitioner had not established that he qualifies for classification as an alien 
of extraordinary ability. 
On appeal, the petitioner states: 
About the list of dates and venues of all of my performances in 2002, I am preparing now [sic]. I 
request to release more time to me for my preparation [sic]. . .. About the list of the dates and venues of 
all my performances from January 2003 to May 2003, I am preparing too [sic]. I also request more 
time to me for my preparation [sic]. 
The appellate submission included photocopies of documentation previously submitted into the record. The 
petitioner's submission did not include any new evidence or arguments addressing the pertinent regulatory 
criteria at 8 C.F.R. 5 204.5(h)(3). 
It is noted that on May 7, 2003, the director issued a notice requesting that the petitioner provide "the dates 
and venues of all of the [petitioner's] performances" from January 2002 to April 2003. The director denied 
the petition on December 27, 2003, based on petitioner's failure to submit the requested documentation and to 
satisfy at least three of the regulatory criteria at 8 C.F.R. 9 204.5(h)(3). The purpose of the request for 
evidence is to elicit further information that clarifies whether eligibility for the benefit sought has been 
established, as of the time the petition is filed. See 8 C.F.R. $5 103.2(b)(8) and (12). The failure to submit 
requested evidence that precludes a material line of inquiry shall be grounds for denying the petition. 8 C.F.R. 
9 103.2(b)(14). In this matter, the petitioner was put on notice of the required evidence and given a reasonable 
opportunity to provide it for the record before the visa petition was adjudicated. The petitioner failed to 
submit the requested evidence and now requests the opportunity to provide this evidence subsequent to filing 
his appeal (more than six months after the evidence was initially requested by the director). If the petitioner 
had wanted certain evidence to be considered, that evidence should have submitted with the documents 
provided in response to the director's request for evidence. See Matter of Soriano, 19 I&N Dec. 764 (BIA 
1988); Matter ofobaigbena, 19 I&N Dec. 533 (BIA 1988). 
On appeal, the petitioner indicates that the listing of the dates and venues of his performances will be submitted to 
the AAO at a later date. The appeal was filed on November 17, 2003. As of this date, more than ten months 
later, the AAO has received nothing further. 
As stated in 8 C.F.R. $ 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 adequately addressed the reasons stated for denial and has not provided any new 
evidence. The appeal must therefore be summarily dismissed. 
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Page 3 
ORDER: The appeal is dismissed.