dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision, as required, and instead submitted a verbatim copy of a previous brief that did not address the denial being appealed.
Criteria Discussed
Sustained National Or International Acclaim Failure To Identify Specific Error Of Law Or Fact On Appeal
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 Identuyinrg dab deleted to pmvent clearly unw;arrmted invasion d personal privaq PUBLIC COPY U.S. Citizenship and Immigration 4) FILE: EAC 02 244 5 1547 Office: VERMONT SERVICE CENTER Date: 2 8 2006 IN RE: Petitioner: Beneficiary: 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 1 153(b)(l)(A) 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. obert P. Wiemann, Director Edministrative Appeals Office EAC 02 244 5 1547 Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 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. tj 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 requisite to classification as an alien of extraordinary ability and denied the petition on February 7, 2005. Counsel filed an appeal on March 26, 2005. The director rejected the appeal as untimely filed pursuant to the regulation at 8 C.F.R. tj 103.3(a)(2)(i). The director treated the untimely appeal as a motion to reconsider pursuant to the regulation at 8 C.F.R. tj 103.3(a)(2)(v)(A)(2), affirmed his previous decision and again denied the petition on May 17, 2005. The petitioner timely filed an appeal on May 3 1,2005. On appeal, counsel submits a brief, which, except for the dates of his signature and the director's decision, repeats verbatim the text of the brief he submitted with his untimely appeal of the director's February 7, 2005 decision initially denying the petition. Counsel submits no additional evidence and does not state any specific reasons for appeal of the director's May 17,2005 decision. As stated in 8 C.F.R. tj 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 stated reasons for denial in the director's May 17,2005 decision and has identified no errors of law or fact made in that decision. Consequently, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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