dismissed
EB-1A
dismissed EB-1A Case: Business
Decision Summary
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to submit a brief or additional evidence within the specified time frame, and did not identify any erroneous conclusion of law or statement of fact in the Director's original decision, as required by regulations.
Criteria Discussed
Not specified
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MATTER OF T-B- Non-Precedent Decision of the Administrative Appeals Office DATE: FEB. 9, 2016 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a businessperson, 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, Nebraska Service Center, denied the petition. The matter is now before us on appeal. The appeal will be summarily dismissed. On March 26, 2015, the Petitioner filed a Form I-140, Immigrant Petition for Alien Worker. The classification the Petitioner seeks makes visas available to foreign nationals who can demonstrate their extraordinary ability through sustained national or international acclaim and whose achievements have been recognized in their field through extensive documentation. On appeal, the Petitioner stated that he would submit a brief and/or additional evidence to us within 30 days of filing the appeal on July 6, 2015. As of this date, more than six months later, the Petitioner has not provided anything further. As stated in 8 C.F.R. ยง 103.3(a)(l)(v), an appeal shall be summarily dismissed ifthe party concerned does not specifically identify any erroneous conclusion of law or statement of fact for the appeal. See also Desravines v. U.S. Att'y Gen., 343 F. App'x 433, 435 (11th Cir. 2009) (finding that issues not briefed on appeal are deemed abandoned); Tedder v. FMC Corp., 590 F.2d 115, 117 (5th Cir. 1979) (deeming abandoned an issue raised in the statement of issues but not in the brief). In this instance, the Petitioner has not provided a statement identifying a basis for the appeal, as required under part four of the Form I-290B, Notice of Appeal or Motion. As the Petitioner has not identified any error in the Director's decision or offered any specific basis for this appeal, the regulations mandate the summary dismissal of the appeal. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). Cite as Matter ofT-B-, ID# 15598 (AAO Feb. 9, 2016)
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