dismissed EB-1A Case: Business

U.S. Citizenship 
and Immigration 
Services 
In Re: 18184748 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 17, 2021 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a fish market, seeks to classify the Beneficiary as an individual of extraordinary ability 
in business. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. 
§ 1153(b )(1 )(A). This first preference classification makes immigrant visas available to those who 
can demonstrate their extraordinary ability through sustained national or international acclaim and 
whose achievements have been recognized in their field through extensive documentation. 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary meets at least three of the ten initial evidentiary criteria for 
this classification. 
The matter is now before us on appeal. On the Form I-290B, Notice of Appeal or Motion, the Petitioner 
indicated that a brief and/or additional evidence would be submitted to this office within 30 days. The 
appeal was filed on February 23, 2021. As of this date, no additional evidence has been incorporated into 
the record of proceeding, and the record will be considered complete. 
In a letter accompanying the Form I-290B, the Petitioner stated that the Beneficiary is knowledgeable 
about its business and makes a personal plea for approval of the petition. The Petitioner did not 
acknowledge or address the grounds for denial of the petition or contend that the petition was denied 
based on any specified error on the part of the Director. 
The regulation at 8 C.F.R. § 103.3(a)(l)(v) states, in pertinent part, that "[a]n 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." 
Here, the Petitioner has not contested any aspect of the Director's decision and has not identified an 
erroneous conclusion of law or statement of fact on the part of the Director as a basis for the appeal. 
Therefore, the appeal will be summarily dismissed. 
We note that the Director 's decision adequately addressed the evidence submitted with respect to each 
of the claimed evidentiary criteria at 8 C.F.R. § 204.5(h)(3) and explained why such evidence was 
insufficient to meet the Petitioner's burden. The Petitioner was therefore given a sufficient explanation 
of the grounds for denial as required by 8 C.F.R. § 103.3(a)(l)(i), and a fair opportunity to contest the 
decision. We agree with the Director's determination that the Petitioner did not establish that the 
Beneficiary was eligible for the benefit sought. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S.C. § 1361. As the Petitioner has not identified an erroneous conclusion 
of law or statement of fact in support of the appeal, the appeal must be summarily dismissed. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
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