dismissed
EB-1A
dismissed EB-1A Case: Athletics
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence to the AAO. For over 15 months, no specific reasons, disagreements, or evidence were presented to challenge the director's initial denial, leading to a procedural dismissal.
Criteria Discussed
Sustained National Or International Acclaim Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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identifying data deleted to prevent clearly unwarr~nted invasion of personal prlvacy PUBLIC COpy DATE: OCT 13 2011 Office: TEXAS SERVICE CENTER INRE: Petitioner: Beneficiary: V.S. Department of Homeland Secul"ity V.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave .. N.W .. MS 2090 Washington, DC 20529ยท2090 U. S. Ci tizenshi p and Immigration Services FILE: PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)( 1 )(A) of the Immigration and Nationality Act, 8 U.S.c. ยง 1153(b)( 1 )(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.P.R. ยง 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 $630. Please be aware that 8 C.P.R. ยง 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, \Or 1< Cf:tr- ~~~ Perry Rhew Chief, Administrative Appeals Office www.uscis.gov -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 on appeal. The appeal will be dismissed. The petitioner seeks classification as an "alien of extraordinary ability" in athletics, pursuant to section 203(b)(1)(A) of the immigration and Nationality Act (the Act), 8 U.S.c. ยง 1153(b)(1)(A). The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for the classification. On appeal, counsel merely stated that he would submit a brief and/or evidence to the Administrative Appeals Office (AAO) within 30 days. Counsel dated the appeal May 28, 2010. As of this date, more than 15 months later, the AAO has received nothing further. As stated in 8 c.F.R. ยง 103.3(a)(1)(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. Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. He has not even expressed disagreement with the director's decision. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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