dismissed
EB-1A
dismissed EB-1A Case: Medicine
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the original denial and did not provide any new evidence or arguments on appeal.
Criteria Discussed
Major Internationally Recognized Award Failure To Meet At Least Three Criteria
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identieing data deleted to prevent clearly gn warranted hvasion of personal pnvac). C1.S. Departmcrtt of'Hon~eland Seeurit) U. S. Citizenship and Immigration Services Offlce ofAdn~~nrstrrrtive Appeals MS 2090 Wash~ngton, DC 20529-2090 U.S. Citizenship and Immigration Services PYBLIC COPY SRC 08 036 54062 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. 9 1 153(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. 5 103.5(a)(I)(i). ,~ln.eadndc /\ Perry Rhew k chiif, 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. ยง 1153(b)(l)(A), as an alien of extraordinary ability. The director denied the petition on December 8, 2008, finding that the petitioner failed to demonstrate receipt of a major, internationally recognized award, or that he meets at least three of the regulatory criteria at 8 C.F.R. 5 204.5(h)(3). The petitioner, through counsel, submits a timely appeal and provides the following reason as his reason for the appeal: extraordinary nephrologist and has met at least three of the enumerated criteria in the INA. Counsel did not elaborate on his argument, cite to specific errors on the part of the director or describe any evidence the director allegedly failed to analyze. Moreover, counsel failed to provide any new evidence on appeal. In fact, counsel, in his appeal letter, "respectfully again point(s) to the evidence initially submitted with the original filing as well as with the response to the request for evidence" in an attempt to overturn the denial. Accordingly, the record is considered to be complete as it now stands. The regulation at 8 C.F.R. 5 103.3(a)(l)(v) states, in pertinent part: An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. The petitioner's general assertions regarding the petitioner's eligibility are not sufficient to meet the requirements for filing a substantive appeal. Therefore, as the petitioner has failed to specifically identi@ an erroneous conclusion of law or a statement of fact in this proceeding, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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