dismissed
EB-1A
dismissed EB-1A Case: Music
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically address the reasons for the initial denial or provide any new evidence. According to the regulations, an appeal can be dismissed if the party does not identify an erroneous conclusion of law or statement of fact.
Criteria Discussed
Sustained National Or International Acclaim
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Mennrjlt"p data deleted (0 Pmvent clear1 y unwarranted invasion of persw p,iv@cy PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration Services IN RE: Petitioner: Beneficiary: 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. 5 1153(b)(l)(A) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. '4 f ~obert P. Wiemann, Director Administrative Appeals Office Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. The petitioner seeks classification as an "alien of extraordinary ability" in the arts as a Chinese instrument performer, pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1153(b)(l)(A). The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. In reaching that determination, the director identified specific evidentiary deficiencies in the record. On appeal, the petitioner resubmits the same evidence submitted initially, including a copy of her passport identifying her occupation as "journalist." As stated in 8 C.F.R. 8 103.3(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 here has not specifically addressed the reasons stated for denial and has not provided any new evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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