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. Counsel did not specifically identify any erroneous conclusion of law or statement of fact from the original denial, as required by regulations.
Criteria Discussed
Sustained National Or International Acclaim
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U.S. Department of Homeland Security 20 Mass. Ave.. N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration 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 : 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. (a ' Administrative Appeals Office J Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be 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 direct~r 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 merely stated that the petitioner meets specific regulatory criteria and that she would submit a brief and/or evidence to the Administrative Appeals Office (AAO) withn 30 days. Counsel dated the appeal September 21, 2004. As of May 5, 2005, more than seven months later, the AAO had received nothing further. Thus, on that date, ths office contacted counsel by facsimile and inquired as to whether she had submitted a brief and/or additional evidence. The facsimile notice advised counsel that "failure to respond to this notice withn five business days may result in the summary dismissal of your appeal." As stated in 8 C.F.R. 5 103.3(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, other than asserting without analysis that the petitioner does meet the regulatory criteria, and has not provided any additional evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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