dismissed
EB-1A
dismissed EB-1A Case: Business
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact from the original decision. Despite indicating an intent to submit a brief and/or additional evidence, no further documentation was received by the AAO.
Criteria Discussed
Continue Work In Area Of Extraordinary Ability Substantial Prospective Benefit To The U.S. Sustained National Or International Acclaim
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+ identifying data deleted to prevent clearly unwarranted invasion of personal privac) U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of Administrative Appeals MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services pJJl3LIC copy FILE: Office: NEBRASKA SERVICE CENTER Date: "JUL 2 8 2009 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 1153(b)(l)(A) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. 5 103.5(a)(l)(i). Appeals Office Page 2 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. 5 1 153(b)(l)(A), as an alien of extraordinary ability in business. The director determined the petitioner had not established that he sought entry into the United States to continue work in his area of extraordinary ability, had not established that his entry will substantially benefit prospectively the United States, and had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. The petitioner timely filed a Form I-290B, Notice of Appeal or Motion, in which he indicated that a brief and/or additional evidence would be submitted to the AAO within 30 days. As of the date of this decision, however, more than 10 months after the appeal was filed, no further documentation has been received by the AAO. Therefore, the record will be considered complete as presently constituted. The regulation at 8 C.F.R. ยง 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.
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