dismissed
EB-1A
dismissed EB-1A Case: 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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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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