dismissed
EB-1A
dismissed EB-1A Case: Not Specified
Decision Summary
The appeal was rejected as improperly filed because the petitioner failed to sign the Form I-290B, Notice of Appeal. Per regulation 8 C.F.R. ยง 103.2(a)(7), an application or petition that is not properly signed shall be rejected.
Criteria Discussed
Improper Filing (Unsigned Appeal)
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U.S. Citizenship and Immigration FILE: Office: NEBRASKA SERVICE CENTER Date: DEC 2 LIN 05 130 51029 IN RE: 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. 1153(b)(l)(A) ON BEHALF OF PETITIONER: 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. 2 Robert P. ~iuann, Chief Administrative Appeals Office Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as improperly filed. The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1153(b)(l)(A), as an alien of extraordinary ability. 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 order to properly file an appeal, the regulation at 8 C.F.R. 3 103.3(a)(2)(i) provides that the affected party must file the appeal on Form I-290B, Notice of Appeal. The regulation at 8 C.F.R. $ 103.2(a)(7) states: "An application or petition which is not properly signed or is submitted with the wrong filing fee shall be rejected as improperly filed. Rejected applications and petitions.. .will not retain a filing date." The record indicates that the director issued the decision on January 24, 2006. The petitioner submitted the Form I-290B, Notice of Appeal, on February 23, 2006. The appeal cannot be accepted, however, because it has not been signed. As the appeal was not properly signed, the appeal must be rejected. ORDER: The appeal is rejected.
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