dismissed
EB-1A
dismissed EB-1A Case: Nephrology
Decision Summary
The appeal was summarily dismissed because counsel failed to identify any specific erroneous conclusion of law or statement of fact for the appeal. Counsel did not submit a supplemental brief or additional evidence, and merely stated that the record demonstrated the alien's eligibility without addressing the specific reasons for the denial.
Criteria Discussed
Sustained National Or International Acclaim
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identifying data deleted to prevent clearly unw~ted invasion of personal pnvacy pUBLIC COP't DATE: MAY 20 2011 Office: TEXAS SERVICE CENTER IN RE: Petitioner: Beneficiary: U.S. Department of Homeland Securit); U.S. Citizenship and immigration Sen'ices Administrative Appeals Office (A;\O) 20 Massachusetts Ave .. N.W .. MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: 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 plcase 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. I f 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 rcopen. The spccific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be submitted to the ollice 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 I 03.5(a)( I lei) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, ,~~;L-- Chicf: Administrative Appeals Olliee www.uscis.gov Page 2 DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner seeks classification as an "alien of extraordinary ability" in the sciences, pursuant to section 203(b)(I)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง IIS3(b)(l)(A). In a four-page decision that addressed the regulatory criteria at length, the director determined the petitioner had not established the sustained national or international acclaim necessary to qualitY for classification as an alien of extraordinary ability. On appeal, counsel indicated that she would not submit a supplemental brief and/or additional evidence. On the Form I-290B Notice of Appeal she merely stated: "We respectfully submit that the record demonstrates that the alien is a nephrologist of extraordinary ability." As stated in 8 c.r.R. ยง \03.3(a)(1 lev), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion oflaw or statement offact for the appeal. Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. The appeal must thereiore be summarily dismissed. ORDER: The appeal is dismissed.
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