dismissed
EB-1A
dismissed EB-1A Case: Business
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the original decision, which is required for an appeal to proceed.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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id+opl~ifi@ d&t deleted tO prcveait. cimrty tnwmnted iravmion of personal privacy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rrn. 3000 Washington, DC 20529-2090 U. S. Citizenship and Immigration n 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: 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. $ 103S(a)(l)(i). &mflb~ f-, Jo F. Grissom, Acting Chief P" 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 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 1153(b)(l)(A), as an alien of extraordinary ability in business. The director determined the petitioner had not established the sustained national or international acclaim necessary to quali@ 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 he generally asserted that the evidence submitted "clearly demonstrated the applicant's extraordinary ability" in business and that the denial of his petition was an abuse of discretion. Counsel indicated on the Form I-290B 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 90 days after the appeal was filed, no fkther documentation has been received by the AAO. Therefore, the record will be considered complete as presently constituted. The regulation at 8 C.F.R. 5 103.3(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 identifl 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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