dismissed
EB-1A
dismissed EB-1A Case: Arts
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or statement of fact in the original denial. Counsel stated they would submit a brief and/or evidence but failed to do so within the eight months preceding this decision.
Criteria Discussed
Sustained National Or International Acclaim
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4 identifying data deleted to prevent clear: v I!~W ananted invasion of pe~wna\ privacy 4 identifying data deleted to -...I., Il,,\,~,an~ted U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office ofAdrninistrative Appeals, MS 2090 Washington, DC 20529-2090 A U.S. citizens hi^ OCT 1 4 2009 SRC 08 078 52930 IN RE: 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. 9 1 153(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. 5 103.5 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. 5 103.5(a)(l)(i). &f,?i~inistrative Appeals Office DISCUSSION: The employrnent-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 dismissed. The petitioner seeks classification as an "alien of extraordinary ability" in the arts, pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1153(b)(l)(A). The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. On appeal, counsel merely catalogued the evidence submitted and stated that he would submit a brief and/or evidence to the Administrative Appeals Office (AAO) within 30 days. Counsel dated the appeal February 6,2009. As of this date, more than eight months later, the AAO has received nothing further. 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 identifl specifically any erroneous conclusion of law or statement of fact for the appeal. Counsel here has not speciJically addressed the detailed 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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