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, as required by 8 C.F.R. ยง 103.3(a)(l)(v). The petitioner did not submit a brief, additional evidence, or arguments addressing the reasons for the denial.
Criteria Discussed
8 C.F.R. ยง 204.5(H)(3)
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b identiQi~g data deleted to pmvent dearly unwarranted invasion of personal privacy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. 3000 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services PUBLIC COPY LIN 06 196 51504 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. 4 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. 8 103.5(a)(l)(i). 6'b 3n F. Grissom, Acting Chief Administrative Appeals Office 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)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 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 the petitioner had not established that he meets a least three of the regulatory criteria at 8 C.F.R. 5 204.5(h)(3). On appeal, counsel states: "[The petitioner] has met all the requirements as a person of extraordinary ability as defined the regulation at 8 C.F.R. Section 204.5(h)(2). The Nebraska Service Center has erred when it denied my client's 1-140 Petition." The petitioner's appellate submission was unaccompanied by arguments or evidence addressing the pertinent regulatory criteria at 8 C.F.R. 5 204.5(h)(3). On the Form I-290B, Notice of Appeal to the AAO, the counsel checked the box indicating that she was not submitting a separate brief or evidence. 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. The petitioner 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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