dismissed EB-1A

dismissed EB-1A Case: Periodontics

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ Periodontics

Decision Summary

The appeal was summarily dismissed for procedural reasons. The petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the appeal, and did not submit the promised legal brief to support their case.

Criteria Discussed

Not specified

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF R-J-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 24, 2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a periodontist, seeks classification as an individual of "extraordinary ability." See 
Immigration and Nationality Act (the Act)ยง 203(b)(l)(A); 8 U.S.C. ยง 1153(b)(l)(A). The Director, 
Nebraska Service Center, denied the petition. The matter is now before us on appeal. The appeal 
will be summarily dismissed. 
The regulation at 8 C.F.R. ยง 103.3(a)(l)(v) provides, in pertinent part, that we "shall summarily dismiss 
any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or 
statement of fact for the appeal." The Notice of Appeal or Motion, Form I-290B, does not contain an 
explanation of the reasons for appeal. In Part 3 of the Form I-290B, "Information About the Appeal 
or Motion," the Petitioner checked the box that reads: "I am filing an appeal to the [Administrative 
Appeals Office (AAO)]. My brief and/or additional evidence will be submitted to the AAO within 
30 calendar days of filing the appeal." The letter accompanying the appeal similarly affirms that the 
Petitioner "shall submit its brief within 30 days" without addressing the grounds for the denial. 
However, as oftoday's date, over seven months after the Petitioner filed his appeal in July 2015, he 
has not supplemented the appeal. 
In the denial, the Director discussed the evidence in the record and found that the Petitioner did not 
establish his eligibility as an individual of extraordinary ability. In this case, the Petitioner has not 
identified an erroneous conclusion of law or statement of fact in the Director's decision. The mere 
filing of a Form I-290B, without specifically identifying an error in the decision, does not trigger an 
analysis of the criteria or a review ofthe Director's decision. See 8 C.F.R. ยง 103.3(a)(l)(v). 
As the Petitioner has not specifically identified any erroneous conclusion of law or statement of fact, 
we must dismiss the appeal. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). 
Cite as Matter ofR-J-, ID# 15958 (AAO Mar. 24, 2016) 
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