dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any evidence as promised. The appeal did not specifically identify any erroneous conclusion of law or statement of fact from the director's decision, which is a requirement for an appeal to proceed.
Criteria Discussed
Sustained National Or International Acclaim 8 C.P.R. § 204.5(H)(3)
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· ... identifying data deleted to prevent clearly unw~ted invasion of personal pnvac) PUBLIC COpy FILE: INRE: Petitioner: Beneficiary: 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: DeC 0 2 2010 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. § 1 1 53(b)(l)(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. § 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, with a fee of $630. Please be aware that 8 C.P.R. § 103.5(a)(1)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, ~~~~ 5 Perry ~~:JJ Chief, Administrative Appeals Office www.uscis.gov • A 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)(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 requisite extraordinary ability through extensive documentation and sustained national or international acclaim. On appeal, counsel states: "See Brief that will be submitted in 30 days." ,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.P.R. § 204.5(h)(3). Moreover, the appellate submission was unaccompanied by arguments or evidence addressing the regulatory criteria at 8 C.P.R. § 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 July 6, 2009. As of this date, more than sixteen months later, the AAO has received nothing further. As stated in 8 C.P.R. § 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 pertaining to the classification sought. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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