dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the appeal, and no further documentation was received to supplement the appeal.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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U.S. Department of Homeland Security 1 7.. -,? cn U.S. Citizenship and Immigration Services !*-a,"e','rrT -- .r, ,. A h 8 J 1.- ,Ah-* - OBce of Administrative Appeals MS 2090 .- t-(-j , -1 . ~ 4y 4-i~ --( :,"kv3.-i.cw Wash~ngton, DC 20529-2090 p*(y':Ab , 5-c.. _ n . -f y.,Gr -*?,,- ~~~\/~,~~~a ;, t - LJ b &-A~ FTkdadY U. S. Citizenship and Immigration LIN 07 162 52025 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 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. 4 103.5 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. 9 103S(a)(l)(i). Fohn F . uso om Acting Chief, Administrative Appeals Office Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center. The petition is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks classification of the beneficiary as an employment-based immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 4 1153(b)(l)(A), as an alien of extraordinary ability in the arts. The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification of the beneficiary as an alien of extraordinary ability and denied the petition on May 3 1,2007. Counsel for the petitioner timely filed a Form I-290B, Notice of Appeal or Motion, in whch she asserted that the director misapplied the standards and did not give proper weight to the evidence presented. Counsel requested an additional period of 60 days to supplement the appeal filed on Form I-290B. As of the date of this decision, however, more than 21 months after the appeal was filed, no further documentation has been received by the AAO. Therefore, the record will be considered complete as presently constituted. The regulation at 8 C.F.R. 5 103.3(a)(l)(v) states, in pertinent part: An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. The petitioner has failed to identify specifically any erroneous conclusion of law or a statement of fact in this proceeding; therefore, the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed.
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