dismissed
EB-1A
dismissed EB-1A Case: Economic Journalism
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petitioner stated they would submit supporting documents within 30 days, but after five months, nothing had been received, leading to the dismissal for failure to identify any erroneous conclusion of law or statement of fact.
Criteria Discussed
Not specified
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(b)(6) DATE: IN RE: MAR 3 1 2015 Petitioner: Beneficiary: Office: TEXAS SERVICE CENTER U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: 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. ยง 1153(b)(l)(A) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http:ljwww.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.P.R. ยง 103.5. Do not file a motion directly with the AAO. Thank you, Chief, Administrative Appeals Office www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition and subsequently dismissed a motion to reopen and motion to reconsider. The matter 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)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(1)(A), as an alien of extraordinary ability as an economic journalist. On Form I-290B, Notice of Appeal or Motion, the petitioner indicated in Part 3 that his "brief and/or additional evidence will be submitted to the AAO within 30 calendar days of filing the appeal." In addition, the petitioner's cover letter stated that "[ w ]e will submit our brief in support of this appeal within thirty days." The appeal was filed on October 1, 2014. As of this date, approximately five months later, we have received nothing further. Accordingly, the record is considered complete as it now stands. As stated in 8 C.F.R. ยง 103.3(a)(1)(v), an appeal shall be summarily dismissed if the party concerned does not 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. As the petitioner did not provide any specific statement or argument regarding the basis of his appeal, the appeal must be summarily dismissed. In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. ยง 1361; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been met. ORDER: The appeal is summarily dismissed.
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