dismissed
EB-1A
dismissed EB-1A Case: Athletics
Decision Summary
The appeal was summarily dismissed because counsel failed to submit a brief or additional evidence to support the appeal. The petitioner did not identify any specific erroneous conclusion of law or statement of fact from the director's initial denial.
Criteria Discussed
Sustained National Or International Acclaim
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US. Department of Homeland Security U.S. Citizenship and Immigration Services Of$ce ofAdministrative Appeals, MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration FILE: Office: TEXAS SERVICE CENTER Date: SRC 08 035 50612 IN RE: 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 1 153(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 Fonn 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). cting Chief, Administrative Appeals Office 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)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 1 53(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. On appeal, counsel stated that she would submit a brief andlor evidence to the Administrative Appeals Office (AAO) within 30 days. Counsel dated the appeal March 18,2009. As of this date, more than six 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. 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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