dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because counsel, after filing the appeal, failed to submit the promised brief or additional evidence. As counsel did not identify any specific erroneous conclusion of law or statement of fact from the original decision, the appeal was dismissed on procedural grounds.
Criteria Discussed
Sustained National Or International Acclaim
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identifying data deleted to prev~nt clearly unwarranted InvaSIOn of personal privacy PUBLIC COpy DATE: MAR 2 9 2012 Office: TEXAS SERVICE CENTER INRE: Petitioner: Beneficiary: V.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Services FILE: 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. ยง 1153(b)(1)(A) ON BEHALF OF PETITIONER: 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. ยง 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. ยง 103.5(a)(1)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. ;:;g~- Perry Rhew Chief, Administrative Appeals Office www.uscis.gov DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. The petitioner seeks classification as an "alien of extraordinary ability" in the arts, pursuant to section 203(b)(1)(A) of the immigration and Nationality Act (the Act), 8 U.S.c. ยง 1153(b)(1)(A). The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for the classification. On appeal, counsel states that he would submit a brief and/or evidence to the Administrative Appeals Office (AAO) within 30 days. Counsel dated the appeal March 31, 2011. As of this date, more than 11 months later, the AAO has received nothing further. As stated in 8 c.F.R. ยง 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. 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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