dismissed EB-1A

dismissed EB-1A Case: Athletics

📅 Date unknown 👤 Individual 📂 Athletics

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner indicated they would submit a brief or additional evidence within 30 days of filing the appeal but failed to do so after approximately seven months, thereby failing to identify any erroneous conclusion of law or statement of fact in the original decision.

Criteria Discussed

Failure To Submit A Brief Or Evidence For Appeal

View Full Decision Text

MATTER OF H-D-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 4, 2015 
PETITION: FORM-I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a volleyball coach, seeks classification as an "alien of extraordinary ability" in athletics. 
See Immigration and Nationality Act (the Act)§ 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). The Director, 
Texas Service Center, denied the petition and subsequently dismissed a motion to reopen. The matter 
is now before us on appeal. The appeal will be summarily dismissed. 
On Form I-290B, Notice of Appeal or Motion, the Petitioner indicated in Part 3 that his "brief and/or 
additional evidence will be submitted to the AAO within 30 calendar days of filing the appeal." The 
appeal was filed on February 9, 2015. As of this date, approximately seven months later, we have 
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 
does not identify specifically any erroneous conclusion of law or statement of fact for the appeal. 
The Petitioner has not specifically addressed the reasons stated for denial and has not provided any 
additional evidence. As the Petitioner did not provide any specific statement or argument regarding 
the basis of his appeal, the appeal must be summarily dismissed. · 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
Cite as Matter of H-D-, ID# 13587 (AAO Sept. 4, 2015)

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.