dismissed
EB-1A
dismissed EB-1A Case: Automobile Mechanic
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence to the AAO after filing the appeal. The petitioner did not identify any specific erroneous conclusion of law or statement of fact from the director's initial denial, leading to the dismissal on procedural grounds.
Criteria Discussed
Summary Dismissal Failure To Submit Brief/Evidence Sustained National Or International Acclaim
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identifying data deleted to prevent clearly unwarranted invasion of personal privacy PUBLlCCOPY DATE: Office: TEXAS SERVICE CENTER OCT 2 6 2011 IN RE: Petitioner: Beneficiary: O.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W .. MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Services FILE: PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)( I )(A) of the Immigration and Nationality Act, 8 U.S.C. ยง I I 53(b)( I )(A) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. ยง 103.5. All motions must be submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, with a fee of $630. Please be aware that 8 C.F.R. ยง 103.5(a)(I)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank y~u'/1 \L..I r Vtrยญ ~ 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 to classify the beneficiary as an "alien of extraordinary ability" pursuant to section 203(b)(l )(A) of the immigration and Nationality Act (the Act), 8 U.S.c. ยง I I 53(b)(l )(A). The director detennined the petitioner had not established that the benefiCiary, an automobile mechanic, el1ioys the sustained national or international acclaim necessary to qualify for the classification. On appeal, the representative of the petitioner merely states that he would submit a brief and/or evidence to the Administrative Appeals Office (AAO) within 30 days. The petitioner dated the appeal May 6, 2010. As of this date, more than 17 months later, the AAO has received nothing further. As stated in 8 C.F.R. ยง I 03.3(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. The petitioner 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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