dismissed EB-1A

dismissed EB-1A Case: Culinary Arts

📅 Date unknown 👤 Individual 📂 Culinary Arts

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 from the director's initial decision, which is a requirement for a substantive appeal.

Criteria Discussed

Receipt Of A Major, Internationally Recognized Award At Least Three Of The Regulatory Criteria

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prevent clearly unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Office ofAdminisbative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
FILE: Office: NEBRASKA SERVICE CENTER Date: SEP 0 2 2009 
IN RE: 
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 1 153(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. 5 103.5(a)(l)(i). 
Il O&l'h 
f fohn F. Grissom 
-e Acting 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 1153(b)(l)(A), as an alien 
of extraordinary ability. 
The director denied the petition on October 15,2008, finding that the petitioner failed to demonstrate 
receipt of a major, internationally recognized award, or that he meets at least three of the regulatory 
criteria at 8 C.F.R. 5 204.5(h)(3). 
The petitioner, through counsel, submits a timely appeal and provides the following reason as his 
reason for the appeal: 
The submitted evidence clearly demonstrated applicant's extraordinary ability as 
an individual in a small percentage who has risen to the top in the field of culinary 
arts (chef). It was an abuse of discretion to deny his application. Additional 
evidence will be submitted within 30 days. 
Counsel did not elaborate on his argument, cite to specific errors on the part of the director or 
describe any evidence the director allegedly failed to analyze. Further, despite counsel's assertion 
that he would submit a brief to the AAO within 30 days, to date, no submission has been received. 
Accordingly, the record is considered to be complete as it now stands. 
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's general statement regarding the director's decision is not sufficient to meet the 
requirements for filing a substantive appeal. Therefore, as the petitioner has failed to specifically 
identify 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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