dismissed
EB-1A
dismissed EB-1A Case: Athletics
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence to support the appeal. The petitioner stated a brief would be submitted within 30 days, but approximately one year later, nothing had been received, leading to the dismissal.
Criteria Discussed
Failure To Provide Argument Or Evidence On Appeal
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4 'I, identifying data deleted to prevent clearly unwarranted invasion of personal privacy PUBLIC COPY U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of Administrative Appeals MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Office: TEXAS SERVICE CENTER Date: AUG 2 0 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. 9 1153(b)(l)(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 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 requirements for filing such a request can be found at 8 C.F.R. 9 103.5. 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. Please be aware that 8 C.F.R. 103.5(a)(l)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, Chief, Administrative Appeals Office Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, on July 27, 2009, 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. $ 1153(b)(l)(A), as an alien of extraordinary ability in athletics. The director determined that the petitioner had not established the requisite extraordinary ability and failed to submit extensive documentation of his sustained national or international acclaim. On appeal, the petitioner stated that "[a] brief will be submitted withn 30 days." The petitioner dated the appeal on August 22,2009. As of this date, approximately one year later, the AAO has received nothing further. Accordingly, the record is considered complete as it now stands. 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. The petitioner here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. As the petitioner has failed to provide any statement or argument regarding the basis of his appeal, the appeal must be summarily dismissed. ORDER. The appeal is dismissed.
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