dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or statement of fact in the original denial. Counsel also failed to submit a promised brief with additional details and evidence within the specified timeframe.
Criteria Discussed
Receipt Of A Major, Internationally Recognized Award Meeting At Least Three Of The Regulatory Criteria At 8 C.F.R. ยง 204.5(H)(3)
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U.S. Department of IIomeland Security U.S. Citizenship and Immigration Services Office ofAdministrative Appeals MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Services invasion of pcn0d dU&tC copy NOV 0 5 2009 FILE: Office: NEBRASKA SERVICE CENTER Date: LIN 07 104 52077 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. 8 1 153(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. $ 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing 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)(I)(i). Perry Rhew Chief, Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center, on February 23, 2009, and is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. The petitioner seeks classification as an employrnent-based immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1 153(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 the receipt of a major, internationally recognized award, or that she meets at least three of the regulatory criteria at 8 C.F.R. 5 204.5(h)(3). On appeal, counsel claims that the director "ignored the majority of evidence submitted." A review of the director's decision reflects that he discussed and evaluated the evidence as it related to eight of the regulatory criteria under 8 C.F.R. 5 204.5(h)(3), including evidence of the petitioner's appearance in and hosting of several Spanish language shows, which counsel erroneously claims on appeal was "never mentioned." Furthermore, the director cited specific evidence as it related to each criterion. In addition, counsel claims that "[tlhe Service used the wrong standard in its analysis of this application." However, counsel does not identify what incorrect standard the director used, nor does counsel identify the correct standard that the director should have used in his decision. Finally, counsel further stated that she would submit a brief that would "detail all the evidence, its significance to the petition and reasons that each piece of evidence is relevant to a positive determination in this case" within 30 days. Counsel dated the appeal on March 23, 2009. As of this date, more than 7 months later, the AAO has received nothing further. Therefore, the record is considered to be complete as it now stands. As stated in 8 C.F.R. 5 103.3(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. Counsel here 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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