dismissed
EB-1A
dismissed EB-1A Case: Medicine
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. This procedural failure is grounds for a summary dismissal under federal regulations.
Criteria Discussed
8 C.F.R. ยง 103.3(A)(I)(V)
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U.S. Citizenship and Immigration Services MATTER OF A-N-C- APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: APR. 3, 2018 PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a Fellow in Pulmonary/Critical Care, seeks classification as an individual of extraordinary ability in the sciences. See Immigration and Nationality Act (the Act) section 203(b)(I)(A), 8 U.S. C. ยง ll53(b)(l)(A). The Director of the Texas Service Center denied the petition. The matter is now before us on appeal. Upon review, we will summarily dismiss the appeal. ' 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. 8 C.F.R. ยง 103.3(a)(I)(v). The statement the Petitioner submitted in support of the appeal does not specifically identify an erroneous conclusion of law or statement of fact in the decision being appealed. On the Form 1- 2908. Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence is attached to the appeal. Because the Petitioner has not identified any specific, erroneous conclusion of law or statement of fact in the Director's decision below, the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง I 03.3(a)(I )(v). Cite as Maller ofA-N-C-. ID# 1434561 (AAO Apr. 3, 2018)
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