dismissed EB-1A

dismissed EB-1A Case: Greyhound Training

📅 Date unknown 👤 Individual 📂 Greyhound Training

Decision Summary

The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision. Despite indicating they would submit a brief and/or additional evidence, neither the petitioner nor their counsel did so in the nearly three years following the appeal.

Criteria Discussed

Prizes Or Awards For Excellence Membership In Associations Original Contributions Of Major Significance Leading Or Critical Role High Salary Or Other Significantly High Remuneration

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PUBUCCOpy 
DATE: NAY 1 42012 
IN RE: 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 20S29~2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.c. § 1153(b)(1)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that any 
further inquiry that you might have concerning your case must be made to that office. 
If you believe the AAO inappropriately applied the law in reaching its decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen with the 
field office or service center that originally decided your case by filing a Form 1-290B, Notice of Appeal or 
Motion, with a fee of $630. The specific requirements for filing such a motion can be found at 8 C.F.R. § 103.5. 
Do not file any motion directly with the AAO. Please be aware that 8 C.F.R. § 103.S(a)(1)(i) requires any 
motion to be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
c?~ 25r-
Perry Rhew toy 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The director, Texas Service Center, denied the employment-based immigrant visa petition 
on May 6, 2009. The petitioner, who is also the beneficiary, appealed the May 6, 2009 decision with the 
Administrative Appeals Office (AAO) on June 5,2009. The appeal will be dismissed. 
The petitioner seeks classification as an "alien of extraordinary ability," as a greyhound dog trainer, 
pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C 
§ 1153(b )(1 )(A). The director determined that the petitioner has not established the sustained national or 
international acclaim necessary to qualify for classification as an alien of extraordinary ability. 
On appeal, counsel states, in a conclusory manner, that the director erred in finding that the petitioner has 
not met the prizes or awards for excellence criterion under 8 CF.R. § 204.5(h)(3)(i), the membership in 
associations criterion under 8 CF.R. § 204.5(h)(3)(ii); the original contributions of major significance 
criterion under 8 CF.R. § 204.5(h)(3)(v); the leading or critical role criterion under 8 CF.R. 
§ 204.5(h)(3)(viii); and the high salary or other significantly high remuneration for services criterion 
under 8 CF.R. § 204.5(h)(3)(ix). 
The petitioner, who signed the appeal, also indicates on the Notice of Appeal or Motion (Form 1-290B) that 
in support of the appeal, he would submit a brief and/or additional evidence to the AAO within 30 days. 
The Form I-290B is dated May 31, 2009. As of this date, nearly three years later, the AAO has received 
nothing further from the petitioner or counsel. 
As provided in the regulation at 8 CF.R. § 103.3(a)(I)(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." 
In this case, other than his conclusory statements that do not address the specific concerns under each 
criterion raised by the director, counsel has not specifically identified an erroneous conclusion of law or 
statement offact in the director's denial. See Desravines v. U.S. Atty. Gen., 343 Fed.Appx. 433, 435 (11 th 
Cir. 2(09) (a passing reference in the arguments section of a brief without substantive arguments is 
insufficient to raise that ground on appeal). In addition, neither counsel nor the petitioner has provided a 
brief and/or any additional evidence, which the petitioner indicated he would on the Form 1-290B. The 
appeal must therefore be summaril y dismissed. 
ORDER: The appeal is dismissed. 
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