dismissed
EB-1A
dismissed EB-1A Case: Electrical Engineering
Decision Summary
The appeal was summarily dismissed on procedural grounds because it did not specifically identify any erroneous conclusion of law or statement of fact in the unfavorable decision. The petitioner's submission focused on the procedural history and stress of the process rather than providing a substantive response to the grounds for revocation.
Criteria Discussed
8 C.F.R. ยง 103.3(A)(L)(V)
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U.S. Citizenship and Immigration Services In Re: 17643786 Appeal of Nebraska Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date: AUG. 9, 2021 Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) The Petitioner, an electrical engineer, seeks classification as an individual of extraordinary ability. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. ยง 1153(b)(l)(A). This first preference classification makes immigrant visas available to those who can demonstrate their extraordinary ability through sustained national or international acclaim and whose achievements have been recognized in their field through extensive documentation. The Director of the Nebraska Service Center initially approved the petition , but then revoked that approval, concluding that the record did not establish that the Petitioner had established eligibility for the immigrant classification he sought. The Director reopened the proceeding on the Petitioner 's motion, and again revoked the approval of the petition. The matter is now before us on appeal. We are summarily dismissing the appeal because it does not specifically identify any erroneous conclusion oflaw or statement of fact in the unfavorable decision. 8 C.F.R. ยง 103.3(a)(l)(v). The appeal includes an affidavit in which the Petitioner describes the lengthy procedural history from 2016 to 2020, as well as issues that arose relating to the Petitioner's Form I-485, Application to Register Permanent Residence or Adjust Status. The Petitioner asserts that "this process has turned out to be highly stressful." Neither the affidavit nor counsel's accompanying letter, however, includes any substantive response to the five specific grounds for revocation described in the November 10, 2020 notice of decision. The Petitioner must specifically identify erroneous conclusions of law or statements of fact in the decision notice. Assertions about the procedural history that preceded the issuance of that notice cannot suffice as grounds for a substantive appeal. Accordingly, we must summarily dismiss the appeal. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v) .
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