dismissed
EB-1A
dismissed EB-1A Case: Music
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's decision. The petitioner also failed to submit a promised brief and/or additional evidence to support the appeal.
Criteria Discussed
Published Material Artistic Exhibitions Or Showcases Leading Or Critical Role
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PUBLIC COpy
DATE: OFFICE: TEXAS SERVICE CENTER
AUG 2 f 2012
IN RE: Petitioner:
Beneficiary:
V.S. Department or Homeland Sc('uril~
U.S. Citi7cnship and Immigration Servicc~
Administrative Appc<lh ()lficl' (At\O)
10 Massachuo.,elts ;\VL". N.W .. MS 1()\)()
WashinglOn, DC 20529-2\)l!(i
U.S. Citizenship
and Immigration
Services
FILE:
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ahility Pursuant to Section
203(h)(I)(A) of the Immigration and Nationality Act, 8 U.s.c. § 1153(h)(1 )(A)
ON BEHALF OF PETITIONER
SELF· REPRESENTED
INSTRUCTIONS:
Enclosed plcase find the decision of the Administrative Appeals Office (AAO) in your case. All uf the documents
related to this malter have heen returned to the office that originally decided your case. Plcase he advised that any
further inquiry that you might have concerning your case must he made to that office.
If you hdieve thc 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 in
accordance with the instructions on Form I·290B, Notice of Appeal or Motion, with a fce of $630. The specilic
requirements lelf liling such a motion can he found at 8 C.F.R. § 103.5. Do not file any motion directly with the
AAO. Plcase he aware that S C.F.R. § 103.5(a)(I)(i) requires any motion to he filed within 30 days oj" the
decision that the motion seeks to reconsider or rcopen.
Thank you,
~e~r~-
Chief, Administrative Appeals Office
www.uscis.gov
Page 2
DISCUSSION: The director, Texas Service Center, denied the employment-based immigrant visa petition
on August 30, 2011. The petitioner, who is also the beneficiary, appealed the director's decision with the
Administrative Appeals Office (AAO) on September 30,2011. The appeal will be dismissed.
The petitioner seeks classification as an "alien of extraordinary ability," as a musician, pursuant to section
203(b)(I)(A) of the Immigration and Nationality Act (the Act), 8 U,S.c. § 1153(b)(I)(A). The director
determined that the petitioner had not met the initial requirement of submitting three types of qualifying
evidence and that she had established the sustained national or international acclaim necessary to qualify for
classification as an alien of extraordinary ability. Specifically, while the director found that the petitioner
had submitted qualifying published material, the director further concluded that she had not submitted any
additional qualifying evidence because the events at which she perfonned were not showcases of her work
and because her roles for various organizations or establishments were not leading or critical.
On appeal, the petitioner states, in a conclusory manner, that the director erred in denying the petition.
noting that she submitted newspaper articles from major media, which the director did not contest, evidence
of performing at an award ceremony that is considered the "most important Latin music industry event in
the world," and evidence of her perfonnance at the 7th Annual Florida Music Festival and Conference. The
petitioner did not explain how the events where she perfonned were showcases of her work or how her
roles were leading or critical and has not challenged any other aspect of the director's decision. including
the final merits determination.
The petitioner indicates on the Form 1-2908, Notice of Appeal or Motion, that in support of the appeal. she
would submit a brief and/or additional evidence to the AAO within 30 days. Specifically. on the Form 1-
2908. the petitioner states "Other facts and evidence will be presented with my brid'." The Form 1-29013 is
dated September 28, 2011. As of this date, nearly a year later, the AAO has received nothing further from
the petitioner.
As provided in the regulation at 8 c.F.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 providing a paragraph in which the petitioner asserts that she submitted a numhcr of
supporting documents and that the director erroneously denied the petition, the petitioner has not
specifically identified an erroneous conclusion of law or statement of fact in the director's denial.
See Desravincs v. United States Att 'y Gen., 343 F. App'x 433, 435 (lith 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, the petitioner has not provided a brief and/or any additional evidence, referenced as
forthcoming on the Form 1-2908, dated September 28, 2011. The appeal must therefore be summarily
dismissed.
ORDER: The appeal is dismissed. Avoid the mistakes that led to this denial
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