dismissed EB-1A

dismissed EB-1A Case: Sailing

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

Decision Summary

The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. Specifically, the petitioner did not identify any erroneous conclusions of law or statements of fact in the original decision, as required by regulation.

Criteria Discussed

Major, Internationally Recognized Award At Least Three Evidentiary Criteria

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 19131887 
Appeal of Decision Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 26, 2022 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a sailing instructor, seeks classification as an individual of extraordinary ability. See 
Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. ยง 1153(b)(l)(A). This first 
preference classification makes immigrant visas available to those who can demonstrate their 
extraordinary ability through sustained national or international acclaim and whose achievements have 
been recognized in their field through extensive documentation. 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not 
establish that he received a one-time achievement (a major, internationally recognized award) or that 
he satisfied at least three of the initial evidentiary criteria, as required for the requested classification. 
The matter is now before us on appeal. 
On appeal, the Petitioner submits two letters of recommendation previously submitted and a letter 
dated April 14, 2021, after the filing of the initial petition, offering the Petitioner employment as a 
head coach with a yacht club. Notably, the Petitioner did not provide a statement regarding the basis 
for the appeal, as instructed in Part 3 of Form I-290B, Notice of Appeal or Motion, either in Part 7, 
Additional Information, of the form, or in a separate statement. 
Regulations at 8 C.F.R. ยง 103.3(a)(l)(v) state, in pertinent part, "An officer to whom an appeal is taken 
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 Petitioner here has not specifically identified erroneous conclusions of law or statements of fact 
in the decision notice. He does not articulate additional grounds of eligibility that the Director did not 
address nor did he contest the Director's decision. We are summarily dismissing the appeal because 
it does not specifically identify any erroneous conclusion of law or statement of fact in the unfavorable 
decision. 8 C.F.R. ยง 103.3(a)(l)(v). 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v) . 
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