dismissed
EB-1A
dismissed EB-1A Case: Cosmetology
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision, as required by regulation 8 C.F.R. ยง 103.3(a)(1)(v). The petitioner also stated an intent to submit additional documents but never did.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Fact
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data deleted Pre ted vent clearly unwam lrpI privseJ invasion of Pew U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration bz 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 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. U Robert P. Wiemann, Director Administrative Appeals Office Page 2 DISCUSSION: The employrnent-based immigrant visa petition was denied by the Director, Vermont 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. tj 1153(b)(l)(A), as an alien of extraordinary ability in cosmetology. The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. The petitioner is a 35-year old native and citizen of Turkey. She last entered the United States on June 15, 2003 as a B-2 nonimmigrant visitor. On appeal, the petitioner indicated that she would submit additional documentation within thirty days of filing the appeal. More than five months have lapsed since the appeal was filed and nothing more has been submitted to the record. The petitioner failed to address specifically the grounds for denial set forth in the decision of the director. The regulation at 8 C.F.R. tj 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. Inasmuch as the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact in this proceeding, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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