dismissed
EB-1A
dismissed EB-1A Case: Computer Programmer
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence as promised. The petitioner did not specifically identify any erroneous conclusion of law or statement of fact in the original denial, which is required for an appeal to proceed.
Criteria Discussed
Not specified
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 '-@ing dd, WedEd to Pmwnt dearly unwarranted invasion of personal privacy U.S. Citizenship and Immigration Services PUBLIC COPY h I">"'L Office: NEBRASKA SERVICE CENTER Date: 0 8 2008 EAC 06 017 51628 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. $ 1153(b)(l)(A) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. prt P. ~iemd, Chief Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center, and 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 11 53(b)(l)(A), as an alien of extraordinary ability as a computer programmer. The director determined the petitioner had not established that she qualifies for classification as an alien of extraordinary ability. On appeal, the petitioner states: THE SERVICE DID NOT TAKE INTO CONSIDERATION THE ENTIRE BACKGROUND AND EXPERIENCE OF THE APPLICANT. THE APPLICANT BELIEVES THAT ALL EVIDENCE SUBMITTED IN BEHALF OF HER PETITION WAS NOT REVIEWED BY [CITIZENSHIP AND IMMIGRATION SERVICES]. APPLICANT WILL SUBMIT A BRIEF WITH EXHIBITS TO SUPPORT HER CLAIM THAT THE DECISION WAS MADE IN ERROR. The appellate submission was unaccompanied by arguments or evidence addressing the pertinent regulatory criteria at 8 C.F.R. 5 204.5(h)(3). The petitioner indicated that a brief and/or evidence would be submitted to the AAO within 30 days. The appeal was filed on March 2, 2007. As of this date, more than nine months later, the AAO has received nothing further. As stated in 8 C.F.R. $ 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. The petitioner has not specifically addressed the reasons stated for denial and has not provided any additional evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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