dismissed
EB-1A
dismissed EB-1A Case: Athletics
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, instead resubmitting a brief and evidence that had already been considered in a prior motion.
Criteria Discussed
Sustained National Or International Acclaim
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1dentiQing data deleted ro prevent clezrly ui~w arranted invasion of personal priv~) U.S. Department of IIomeland Security U.S. Citizenship and Immigration Services Oflce of Admirtistrative Appeals, MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration PUBLIC COPY SRC 07 259 53044 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. 8 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. fj 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. 8 103.5(a)(l)(i). mudh db I\ Perrv Rhew chief, Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center. The director reaffirmed that decision on motion. The matter is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed. The petitioner seeks classification as an "alien of extraordinary ability" in athletics, pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 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. Thus, on February 1 1,2009, the director denied the petition. On March 16, 2009, the petitioner filed a Motion to Reopen and Reconsider. The motion was accompanied by a March 12, 2009 brief and additional evidence. In a detailed written decision addressing the March 16, 2009 submission, the director reaffirmed the previous denial on March 30,2009. The petitioner filed the instant appeal on April 29, 2009. On the Form I-290B, Notice of Appeal or Motion, counsel states that a brief and additional evidence are attached. Counsel resubmits the March 12, 2009 brief. This brief is identical to the brief submitted on motion and even bears the same date, March 12, 2009. Counsel also resubmits the documentation that accompanied the previous motion. Counsel fails to address the director's March 30,2009 decision. As stated in 8 C.F.R. 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identi@ specifically any erroneous conclusion of law or statement of fact for the appeal. Counsel here has not specifically addressed the reasons stated for reaffirming the denial and has not provided new additional evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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