dismissed
EB-1A
dismissed EB-1A Case: Nephrology
Decision Summary
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not identify any specific erroneous conclusion of law or fact in the director's decision, which is grounds for a summary dismissal.
Criteria Discussed
Sustained National Or International Acclaim Failure To Identify Erroneous Conclusion Of Law Or Fact (8 C.F.R. ยง 103.3(A)(1)(V))
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identifying data deleted to prevent clearlY Jnwarranted invasion of per~onal pnll'lCV PUBUCCOpy U.S. ()cpartmcnt of Homeland Security U.S. Cilii'cnship and Immigration Service:. Admini,r"trativc Appeals Office (AAO) 20 Massachusetts Ave., N.W" MS 2040 Washington, DC 20529-2090 u.s. Citizenship and Immigration Services FILE: Office: CALIFORNIA SERVICE CENTER Date: MAR 1 6 2011 IN RE: Petitioner: Beneficiary: PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)( I )(A) of the Immigration and Nationality Act; 8 U.s.c. ยง 1153(b)( I )(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. ยง 103.5. All motions must be submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, with a fee of $630. Please be aware that 8 C.F.R. ยง 103.S(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, ~~~~u-'-- ") Perry Rhew /"Chief, Administrative Appeals Office www.uscis.-gov Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition, The matter is now before the Administrative Appeals Office (AAO) on appeaL The AAO will summarily dismiss the appeaL The petitioner seeks classification as an alien of extraordinary ability in the sciences pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act, 8 USc. ยง I I 53(b)(l)(A), to perform services as a physician-scientist specializing in nephrology, The director determined that the petitioner had not shown sustained national or international acclaim in his field, 8 C.F.R, ~ I 03.3(a)(l )(v) states, in peltinent palt, "I aln officer to whom an appeal is taken shall summarily dismiss any appeal when the palty concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeaL" On the Fonn 1-2908 Notice of Appeal, the petitioner checked a box reading "No supplemental brief and/or additional evidence will be submitted." Therefore, the initial appellate submission constitutes the entire appeaL The petitioner submitted no exhibits on appeal except for a copy of the denial notice. The FOlm 1-290B includes a space for the petitioner to "[plrovide a statement explaining any elToneous conclusion of law or fact in the decision being appealed." The petitioner has left this section blank. The appeal does not contain any statement to contest any aspect of the director's decision. The petitioner has, essentially, filed a blank appeal form, which cannot be a sufficient basis for a substantive appeaL Because the petitioner has failed to identify specifically an elToneous conclusion of law or a statement of fact as a basis for the appeal, we must summarily dismiss the appeaL ORDER: The appeal is dismissed.
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