dismissed
EB-1A
dismissed EB-1A Case: Hair Design
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petitioner did not provide any specific statement, argument, or identify any erroneous conclusion of law or statement of fact, as required by regulations.
Criteria Discussed
Not specified
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(b)(6) DATE: SEP 2 6 2014 INRE: Petitioner: Beneficiary: Office: NEBRASKA SERVICE CENTER U.S. Department of Homeland Security U.S. Citizen ship and Immigration Services Administrative Appeals Office (AAO) 20 Massac husetts Ave., N.W., MS 2090 Washington , DC 20529-2090 U.S. Citizenship and Immigration Services FILE: PETITJON : 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 establi sh agency policy through non-precedent deci sions. 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 Notic e of Appeal or Motion (Form 1-2908) within 33 days of the date of this decision. Please review the Form I-290B instructions at http: //w\vw.usc is.gov/fm ยทms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R . ยง I 03 .5. Do not file a motion directly with the AAO . Thank you, Jt.~:~~trative App~ls Office www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The employment-based immigrant visa pet1tlon was denied by the Director, Nebraska Service Center. The director 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)(l)(A) ofthe Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(l)(A), as an alien of extraordinary ability as a hair designer. On Form I-290B, Notice of Appeal or Motion, the petitioner indicated in Part 3 that her "brief and/or additional evidence will be submitted to the AAO within 30 calendar days of filing the appeal." The appeal was filed on May 16, 2014. As of this date, approximately four 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)(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. As the petitioner did not provide any specific statement or argument regarding the basis of her 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 ofthe Act, 8 U.S.C. ยง 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been met. ORDER: The appeal is dismissed.
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