dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner indicated that a brief and/or additional evidence would be submitted but failed to do so for over 11 months, thereby failing to identify any specific erroneous conclusion of law or statement of fact as required by regulation.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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identifying data deleted to preveilt clevly unwarranted invasion of personal privacj U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office ofAdminisfrative Appeals MS 2090 Washington, DC 20529-2090 U. S. Citizenship pm~IC copy and Immigration Services FILE: Office: NEBRASKA SERVICE CENTER Date: AQR 2 9 2009 0 LIN 07 090 52461 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. 9 1 153(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. 9 103.5 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. fj 103.5(a)(l)(i). u Dohn F. Grissom Acting Chief, Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center. The petition is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks classification of the beneficiary 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 the petitioner had not established the sustained national or international acclaim necessary to qualify for classification of the beneficiary as an alien of extraordinary ability. The petitioner timely filed a Form I-290B, Notice of Appeal or Motion, in which she asserted that the director made an incorrect determination in finding that the petitioner's evidence did not meet three of the criteria listed in 8 C.F.R. 5 204.5(h)(3). The petitioner indicated on the Form I-290B that a brief and/or additional evidence would be submitted to the AAO within 30 days of filing the appeal. As of the date of this decision, however, more than 1 1 months after the appeal was filed, no firther documentation has been received by the AAO. Therefore, the record will be considered complete as presently constituted. The regulation at 8 C.F.R. $ 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 has failed to identify specifically any erroneous conclusion of law or a statement of fact in this proceeding; therefore, the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed.
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