dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement of fact from the director's decision. Counsel indicated a brief would be submitted but failed to provide any arguments or additional evidence for over thirteen months after filing the appeal.
Criteria Discussed
Not specified
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
" Identifying data deleted to prevent clearly unwarranted invasion of personal privacy l'UBLIC copy U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of Administrative Appeals MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Services Office: TEXAS SERVICE CENTER Date: NOV 0 1 2010 INRE: PETITION: Petitioner: Beneficiary: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203 (b)( 1 )(A) of the Immigration and Nationality Act, 8 U,S,c' ยง 1153(b)( I )(A) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please 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. If 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 reopen. The specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion. The fee for a Form 1-290B is currently $585, but will increase to $630 on November 23, 2010. Any appeal or motion filed on or after November 23, 2010 must be filed with the $630 fee. Please be aware that 8 C.F.R. ยง 1 03.5(a)(l )(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, ~~ ~errYRhe~ Chief, Administrative Appeals Office www.uscis.gov ยท I -Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.c. ยง 1153(b)(1)(A), as an alien of extraordinary ability in the sciences. The director determined that the petitioner had not established the requisite extraordinary ability through extensive documentation and sustained national or international acclaim. On appeal, counsel states: PETITIONERIBENEFICIARY SUBMITTED AMPLE EVIDENCE OF HIS ELIGIBILITY AS AN ALIEN OF EXTRAORDINARY ABILITY PURSUANT TO INA SEC. 203(b)(1)(A). THE SERVICES' [sic] DECISION TO DENY THE PETITION WAS NOT PROPER. PETITIONERIBENEFICIARY . . . QUALIFIES AS AN ALIEN OF EXTRAORDINARY ABILITY IN MANY RESPECTS AND UNDER MANY CATEGORIES OF THE INA PROVISION. A BRIEF DETAILING THE REASONS WHY [THE BENEFICIARY] IS AN ALIEN OF EXTRAORDINARY ABILITY WILL BE SUBMITTED UNDER SEPARATE COVER SHORTLY. Counsel does not specifically challenge any of the director's findings or his analyses of the evidence submitted for the regulatory criteria at 8 c.F.R. ยง 204.5(h)(3). Moreover, the appellate submission was unaccompanied by arguments or evidence addressing the regulatory criteria at 8 C.F.R. ยง 204.5(h)(3) which the petitioner claims to meet. Counsel indicated that a brief and/or evidence would be submitted to the AAO within 30 days. The appeal was filed on September 8, 2009. As of this date, more than thirteen months later, the AAO has received nothing further. As stated in 8 C.F.R. ยง 103.3(a)(1)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. The petitioner has not specifically addressed the reasons stated for denial and has not provided any additional evidence pertaining to the classification sought. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.