dismissed EB-1A

dismissed EB-1A Case: Electrical Engineering

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ 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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View Full Decision Text
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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