dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the original denial. The petitioner did not submit a brief or new evidence, but simply restated their belief that they qualify, which is insufficient to sustain an appeal.
Criteria Discussed
8 C.F.R. ยง 204.5(H)(3)
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identifying deta deleted to prevent ckrariy unwmanted invasion of penoolal privacy U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U. S. Citizenship and Immigration Services 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: SELF-REPRESENTED 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. Administrative Appeals Office Page 2 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. $ 1153(b)(l)(A), as an alien of extraordinary ability in the sciences. 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. More specifically, the director found the petitioner had not established that she meets a least three of the regulatory criteria at 8 C.F.R. $ 204.5(h)(3). The director's decision provided a thorough discussion of the deficiencies in the evidence submitted by the petitioner. On appeal, the petitioner states: I submitted an application for permanent residency under extra-ordinary abilities [sic] category pursuant to Section 203(b)(l)(A). I strongly believe that I do qualify to apply under this classification given the fact that I meet several requirements under the Title 8, Code of Federal Regulations, Part 204.5(h). An applicant needs to provide evidence for one-time major achievement or at least three of the other claims. However, I have provided six different evidences to support my eligibility. I was saddened and shocked when my application was not given due consideration. I am also aware that some of the individuals whom I know have considerably very few academic and professional achievements, yet granted the permanent residency under the extraordinary abilities. I sincerely hope my professional contributions to US would be recognized and my application will receive favorable consideration disregarding ethnic, racial, religious, or skin color. Thank you very much for providing me an opportunity to make an appeal. I hope that my application will receive careful and complete consideration. The petitioner's appellate submission was unaccompanied by arguments or evidence addressing the pertinent regulatory criteria at 8 C.F.R. $ 204.5(h)(3). On the Form I-290B, Notice of Appeal to the AAO, the petitioner checked the box indicating that she was "not submitting a separate brief or evidence." As stated in 8 C.F.R. 5 103.3(a)(l)(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. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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