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 from the director's decision. Counsel stated a brief and additional evidence would be submitted, but nothing was received by the AAO more than seven months after filing the appeal.
Criteria Discussed
8 C.F.R. ยง 204.5(H)(3)
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identifying data deleted to prevent clearly unwd invasion of persod privacy U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office ofAdministrative Appeals MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration SRC 08 100 53516 MAY 0 6 2010 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 11 53(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). ?perry Rhew u Chief, Administrative Appeals Office Page 2 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)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1 153(b)(l)(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. On appeal, counsel states: The Service Center adjudicator erred in interpreting evidence of the petitioner/beneficiary's extraordinary abilities in tennis. The Texas Service Center overlooked certain evidence submitted and dismissed other evidence without giving it the proper weight. These and additional grounds for appeal will be argued in a brief to be submitted to AAO. Counsel does not specify the evidence that was overlooked or not accorded proper weight. Moreover, counsel does not specifically challenge any of the director's findings or his analyses of the evidence submitted for the regulatory criteria at 8 C.F.R. $ 204.5(h)(3). Further, the appellate submission was unaccompanied by arguments or evidence addressing the regulatory criteria at 8 C.F.R. 5 204.5(h)(3) which the petitioner claims to meet. Counsel indicated that a brief and/or evidence would be submitted to the AAO within 30 days. The appeal was filed on September 22, 2009. As of this date, more than seven 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 the classification sought. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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