dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the original denial. Despite indicating that a brief and/or evidence would be submitted within 30 days, the petitioner failed to provide any additional information for over fifteen months.
Criteria Discussed
Sustained National Or International Acclaim 8 C.F.R. § 204.5(H)(3)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
identifying data deleted to prevent clearly unwarranted invasion of personal privac~ PUBLIC COpy u.s. Department of Homeland Security U.S. Citi7.em,hip and Immigration Service, Administrative Appeal, Office (;\;\0) 20 Mas,achu;,etts Ave., 'i.\V .. !VIS 2090 Washin2ton, DC 2052l)·2(ll)() u.s. Citizenship and Immigration Services DATE: JUN 0 9 20U Office: NEBRASKA SERVICE CENTER FILE: INRE: Petitioner: Benefic iary: PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(1)(A) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case, All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. If you believe the law was inappropriately applied by us in reaching our decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The specific requirements for filing such a request can be found at 8 c.F.R. § 103.5. 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 $630. Please be aware that 8 C.F.R. § 1 03.5(a)(1 )(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, ~~\'t-- ~erry Rhew Chief, Administrative Appeals Office WW\v.uscis.gov 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)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1153(b)(1)(A), as an alien of extraordinary ability in the arts. The director determined that the petitioner had not established the requisite extraordinary ability through extensive documentation and sustained national or international acclaim. On appeal, the petitioner states: "This appeal is being filed for the 1-140 denial referenced above." The petitioner does not specifically challenge any of the director's findings or her analyses of the evidence submitted for the categories of evidence at 8 c.F.R. § 204.5(h)(3). Moreover, the appellate submission was unaccompanied by arguments or evidence addressing the categories of evidence at 8 C.F.R. § 204.5(h)(3) which the petitioner claims to meet. The petitioner indicated that a brief and/or evidence would be submitted to the AAO within 30 days. The appeal was filed on February 23, 2010. As of this date, more than fifteen months later, the AAO has received nothing further. As stated in 8 C.F.R. § 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 the classification sought. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.