dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision, which is a requirement for a substantive appeal.
Criteria Discussed
Major, Internationally Recognized Award At Least Three Of The Regulatory Criteria
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US. Department of Homeland Security U. S. Citizenship and Immigration Services OfJice ofAdministrative Appeals MS 2090 identifying data deleted to Washington, DC 20529-2090 prevent c lead y unwarranted u. S. Citizenship invaion of F~TSO"~~ pfivaclr and Immigration AUG 2 6 2009 LIN 07 253 56137 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. 5 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. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 8 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 5 103.5(a)(l)(i). Sel(n F. Grissom Acting Chief, Administrative Appeals Office 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 summarily dismissed. 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. ยง 1153(b)(l)(A), as an alien of extraordinary ability. The director determined that the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. The director denied the petition on May 22, 2008, finding that the petitioner failed to demonstrate receipt of a major, internationally recognized award, or that he meets at least three of the regulatory criteria at 8 C.F.R. $ 204.5(h)(3). The petitioner, through counsel, submits a timely appeal and provides the following reason for the appeal: has qualified for this classification: he has extraordinary ability in the sciences which has been demonstrated by sustained national and international acclaim and whose achievements have been recognized in the field through extensive documentation.. . All arguments necessary to establish that - is an alien of extraordinary ability were made in the petition and in the response to the request for evidence filed with USCIS. Counsel's general statements contain no allegation or argument regarding an erroneous conclusion of law or statement of fact to be reviewed. Counsel does not specify what the director's purported errors were and does not refer to any specific issue to support his claim. Counsel's general statement regarding the director's error does not meet the requirements for the filing of a substantive appeal. Accordingly, the record is considered to be complete as it now stands. The regulation at 8 C.F.R. 5 103.3(a)(l)(v) states, 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's general statement regarding the director's decision is not sufficient to meet the requirements for filing a substantive appeal. Therefore, as the petitioner has failed to specifically identifl an erroneous conclusion of law or a statement of fact in this proceeding, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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