dismissed
EB-1A
dismissed EB-1A Case: Machine Operator
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 original decision. The petitioner admitted to not having sufficient evidence, such as achievements or awards, and did not provide any new arguments or evidence to overcome the director's findings.
Criteria Discussed
High Salary
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identifying data deleted to prevent clearly unwarranted invuion of personal privac} PUBLICCOfY DATE: APR 2 0 2012 Office: NEBRASKA SERVICE CENTER INRE: 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 20529-2090 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 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 law was inappropriately applied by us in reaching our decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. 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 $630. Please be aware that 8 C.F.R. § 103.5(a)(I)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, Perry Rhew Chief, Administrative Appeals Office www.uscis.gov DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center, on August 19, 2011. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(1)(A), as an alien of extraordinary ability as a machine operator. Congress set a very high benchmark for aliens of extraordinary ability by requiring through the statute that the petitioner demonstrate the beneficiary's "sustained national or international acclaim" and present "extensive documentation" of his or her achievements. See section 203(b)(1)(A)(i) of the Act and 8 C.F.R. § 204.5(h)(3). The implementing regulation at 8 C.F.R. § 204.5(h)(3) states that an alien can establish sustained national or international acclaim through evidence of a one-time achievement, specifically a major, internationally recognized award. Absent the receipt of such an award, the regulation outlines ten categories of specific evidence. 8 C.F.R. §§ 204.5(h)(3)(i) through (x). The petitioner must submit qualifying evidence under at least three of the ten regulatory categories of evidence to establish the basic eligibility requirements. In the director's decision, he determined that the petitioner failed to satisfy the antecedent regulatory requirement of at least three types of evidence. In fact, the director found that the petitioner failed to submit any evidence relating to nine of the regulatory categories of evidence, and submitted evidence relating to the high salary criterion pursuant to the regulation at 8 C.F.R. § 204.5(h)(3)(ix) but did not establish eligibility for that criterion. On appeal, the petitioner claims: [T]he Form 1-140 was submitted on 12/15/2010 has been denied. So I need to file this Form I-290B to continue process of my petition. Also I dont [sic] have sufficient evidence of my work such as achivements [sic], awards, etc. As stated in 8 C.F.R. § 1 03.3 (a)(1)(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 here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. As the petitioner has failed to provide any specific statement or argument regarding the basis of appeal, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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