dismissed EB-1A Case: Ballet

PUBW COPY 
U.S. Department of Homeland Security 
20 Massachusetts Ave.. N.W., Rm. 3000 
Washington, DC 20529-2090 
U.S. Citizenship 
identifying datz de!ded to 
 and Immigration 
prevent y anw arnnted 
invasion of personal privacy 
Bz 
FILE: c LIN 06 190 50692 Office: NEBRASKA SERVICE CENTER Date: FEB 2 3 2009 
IN RE: Petitioner: 
Beneficiary: 
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 Form 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. 
3 103.5(a)(l)(i). 
V 
Bhn F. Grissom, Acting Chief 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, 
Nebraska Service Center. The petition is now before the Administrative Appeals Office (AAO) 
on appeal. The appeal will be summarily 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 the arts. 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. 
Counsel for the petitioner timely filed a Form I-290B, Notice of Appeal or Motion, in which she 
requested additional time to submit a brief and additional evidence. 06 December 6,2007, the AAO 
d counsel's supplement, which consisted of a November 1, 2007 letter from - 
the artistic director of thestating that she has been the petitioner's 
employer for the past six months, and attesting to his skills and talent as a ballet dancer and teacher. 
~o&~sel also submits a copy of a newspaper-article from dated August 29, 2007, 
photographs of a production of ' that appeared in an October 21, 
2007 publication, a flyer announcing the performance by the Manassas Dance Company in 
on May 19 and 20, 2007, and photographs of these productions. 
However, as the documents memorialize events that occurred after the filing date of the petition on 
June 12, 2006, they are not evidence of the petitioner's sustained national or international acclaim 
prior to the filing of the visa petition. A petitioner must establish eligibility at the time of filing; a 
petition cannot be approved at a future date after the petitioner or beneficiary becomes eligible 
under a new set of facts. Matter of Katigbak, 14 I&N Dec. 45, 49 (Comm. 1971). The petitioner 
does not address any of the grounds for which the director denied the petition. 
The regulation at 8 C.F.R. $ 103.3(a)(l)(v) states, in pertinent part: 
An officer to whom an appeal is taken shall summarily dismiss any appeal when 
the party concerned fails to identify specifically any erroneous conclusion of 
law or statement of fact for the appeal. 
The petitioner has failed to identify specifically any erroneous conclusion of law or a statement of 
fact in this proceeding; therefore, the appeal must be summarily dismissed. 
ORDER: 
 The appeal is summarily dismissed.