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, as required by 8 C.F.R. ยง 103.3(a)(1)(v).
Criteria Discussed
Sustained National Or International Acclaim
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. 3000 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services 'ICE CENTER 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. $ 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. 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 103S(a)(l)(i). 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 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. 5 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 as an alien of extraordinary ability. On appeal, counsel submits a brief in which he generally states that the director applied the wrong standard of proof in adjudicating the petition. Counsel does not elaborate on this statement. Further, counsel indicated that additional documentation was enclosed with the brief; however, the record contains no other documentation submitted with the appellate brief. 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 hs proceeding; therefore, the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed.
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