dismissed
EB-1A
dismissed EB-1A Case: Fashion Design
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific error in the director's decision. Counsel stated that additional evidence would be submitted within 30 days, but failed to do so even after eight months, leading to the dismissal.
Criteria Discussed
Sustained National Or International Acclaim Comparable Evidence
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
identifying data deleted to prevQt clearly up1warra~td Ovas" ofpersonal ma,.vq, U.S. Department of Homeland Security U.S. C~tizenship and Immigration Services Office of Administrnfivr Appeals MS2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: Office: TEXAS SERVICE CENTER Date: ApR 0 3 2009 SRC 07 275 58200 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: 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. 9 103.5 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. fj 103.5(a)(l)(i). %oh F. Grissom Acting Chief, Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 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 as a fashion designer. The director determined that the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. On appeal, counsel states: "8 C.F.R. Section 204.5(h)(4) states that if the standards for extraordinary ability classification do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the petitioner's eligibility. Additional evidence will be submitted within 30 days." The appellate submission was unaccompanied by arguments or evidence addressing the pertinent regulatory requirements at 8 C.F.R. $5 204.5(h)(3) and (4). Counsel indicated that a brief andfor evidence would be submitted to the AAO within 30 days. The appeal was filed on July 11, 2008. As of this date, more than eight months later, the AAO has received nothing further. As stated in 8 C.F.R. 5 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to 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. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.