dismissed
EB-1A
dismissed EB-1A Case: Athletics
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to submit a brief or additional evidence to support the appeal, even after being granted an extension, and did not specifically identify any erroneous conclusion of law or statement of fact in the original denial.
Criteria Discussed
Summary Dismissal
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ยท identifying data deleted to prevent clearly unwarr~led invasion of personal pnv~y PUBLIC COpy DATE: MAY 02 2011 Office: IN RIO: Petitioner: Beneficiary: U.S. Department of Homeland Security lJ .S. Citi/.I:nship ::IOll Immigration Sen ices Administrative Appeals Office (AAO) 20 Massachusclls Ave., \1.\\' .. MS 2090 ~/ashinglon. DC 20529ยท2090 U.S. Citizenship and Immigration Services riLE: PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)(I)(A) of the Immigration and Nationality Act. 8 U.s.c. ยง 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 omce. If you believe the law was inappropriately applied by us in reaching our decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The specifiC requircments for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, with a fee 01'$630. Please be aware that 8 C.F.R. ยง 103.5(a)(I)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, ~~'~ j Perry Rhew Chief: Administrative Appeals Offlcc www.uscis.gov Page 2 DISCUSSION: The employment-based immigrant visa petltlOn was denied by the Director. Nebraska 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 athletics, pursuant to section 203(b)(I)(A) of the Immigration and Nationa[ity Act (the Act), 8 U.S.c. ยง I [53(b)(I)(A). The director determined the petitioner had not established the sustained national or international acclaim necessary to qualitY for classification as an alien of extraordinary ability. On appeal, counsel merely stated that he would submit a brief and/or evidence to the Administrative Appeals Otlice (AAO) within 30 days. Counsel dated the appeal February [4,20[0. On March 25. 20 I 0, counsel requested an additional 30 days to supplement the appeal. On April 22, 20 I O. this oflice extended the period in which to supplement the appeal to August 30, 2010. As of this date, more than eight months later. the AAO has received nothing further. As stated in 8 C.F.R. ยง 103.3(a)(1 lev), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion oflaw or statement offact for the appeal. Counsel here has not specifically addressed the 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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