dismissed
EB-1A
dismissed EB-1A Case: Athletics
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's decision as required. The petitioner stated they would file a brief within 30 days but failed to submit anything for over six months.
Criteria Discussed
Sustained National Or International Acclaim 8 C.F.R. § 204.5(H)(3) Evidentiary Categories Intent To Continue Work In Area Of Expertise
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,-
DATE: DEC 0 8 2012
IN RE: Petitioner:
Beneficiary:
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u.s. Citizenship
and Immigration
Services
Office: TEXAS SERVICE CENTER FILE:
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to
Section203(b)(I)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(I)(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 AAO inappropriately applied the law in reaching its decision, or you have additional
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen
in accordance with the instructions on Form 1-290B, Notice of Appeal or Motion, with a fee of$630. The
specific requirements for filing such a motion can be found at 8 C.F.R. § 103.5. Do not file any motion
directly with the AAO. Please be aware that 8 C.F.R, § 103,5(a)(I)(i) requires any motion to be filed
within 30 days ofthe decision that the motion seeks to reconsider or reopen,
Thank you,
AOMncL t ~~~ Rosenberg
, Acting 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 (AAO) on appeal. The appeal
will be summarily dismissed.
The petitioner seeks classification as an employment-based immigrant pursuant to section
203(b)(I)(A) of the Immigration and Nationality Act (the Act), 8 U.S.c. § IIS3(b)(I)(A), as an
alien of extraordinary ability in athletics. The director determined that the petitioner had not
established the requisite extraordinary ability through extensive documentation and sustained
national or international acclaim. The director's decision discussed the deficiencies in the
petitioner's documentary evidence as it related to the categories of evidence at 8 C.F.R.
§ 204.S(h)(3) and found that the petitioner had failed to establish sustained national or
international acclaim and that he was among that small percentage at the very top of his field of
endeavor. 8 C.F.R. § 204.S(h)(2). The director also found that the petitioner had not submitted
clear evidence that he will continue to work in his area of expertise in the United States.
8 C.F.R. § 204.S(h)(S).
Part 3 of the Form 1-2908, Notice of Appeal or Motion, includes a space for the petitioner to
"[p ]rovide a statement explaining any erroneous conclusion of law or fact in the decision being
appealed." The petitioner states: "We need more time to prepare supporting documents. 8rief
documents will be filed within 30 days."
The petitioner's statement fails to identify any erroneous conclusion of law or fact in the
director's decision. The petitioner does not specifically challenge any of the director's findings
or point to specific errors in the director's analyses of the documentary evidence submitted for
the categories of evidence at 8 C.F.R. § 204.S(h)(3). Further, the petitioner does not explain how
the specific documentary evidence that he submitted supports a finding of eligibility. The
regulation at 8 C.F.R. § 103.3(a)(I)(v) provides that "[a]n 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." In this matter, the petitioner has
not identified as a proper basis for the appeal an erroneous conclusion of law or a statement of
fact in the director's decision.
In Part 2 of the Form 1-2908, the petitioner checked box "8" indicating "[m]y brief and/or
additional evidence will be submitted to the AAO within 30 days." The appeal was filed on May
24,2012. As oftbis date, more than six months later, the AAO has received nothing further.
As stated in 8 C.F.R. § 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 pertaining to his eligibility for the classification sought. The
appeal must therefore be summarily dismissed.
ORDER: The appeal is dismissed. Avoid the mistakes that led to this denial
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