dismissed EB-1A

dismissed EB-1A Case: Business

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ Business

Decision Summary

The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner did not identify any specific erroneous conclusion of law or statement of fact in the director's decision and failed to submit a promised brief or additional evidence.

Criteria Discussed

8 C.F.R. ยง 103.3(A)(1)(V) - Failure To Identify Erroneous Conclusion

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-E-C-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 9, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an individual, seeks classification as an individual of "extraordinary ability" in 
business. See Immigration and Nationality Act (the Act) ยง 203(b )(1 )(A); 8 U.S.C. ยง 1153(b )(1 )(A). 
The Director, Texas Service Center, denied the petition. The matter is now before us on appeal. The 
appeal will be summarily dismissed. 
The regulation at 8 C.P.R. ยง 103.3(a)(1)(v) states, in pertinent part, we "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 Notice of Appeal or Motion, Form I-290B, does not contain an 
explanation of the reasons for appeal. In Part 3 of the Form I-290B, "Information About the Appeal 
or Motion," the Petitioner has checked the box that reads: "I am filing an appeal to the AAO. My 
brief and/or additional evidence will be submitted to the AAO within 30 calendar days of filing the 
appeal." In a letter accompanying the Form I-290B, the Petitioner advises that he and his family 
were on vacation during the period the denial was sent and reaffirms that he would send additional 
material within 30 days. However, as of today's date, over seven months after the Petitioner filed 
his appeal in July 2015, he has not provided a brief or additional exhibits. 
In his decision, the Director discussed the evidence in the record and found that the Petitioner did not 
establish the necessary extraordinary ability. In this case, the Petitioner has not identified an 
erroneous conclusion of law or statement of fact in the Director's decision. The mere filing of a Form 
I-290B, without identifying such an error, does not trigger an analysis of the criteria or a review of 
the Director's decision. See 8 C.P.R.ยง 103.3(a)(1)(v). 
As the Petitioner has not specifically identified any erroneous conclusion of law or statement of fact, 
we must dismiss the appeal. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.P.R.ยง 103.3(a)(1)(v). 
Cite as Matter ofP-E-C-, ID# 15794 (AAO Mar. 9, 2016) 
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