dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel stated an intent to submit a brief and/or additional evidence but failed to do so, and did not identify any specific erroneous conclusion of law or statement of fact from the original decision.
Criteria Discussed
Sustained National Or International Acclaim
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
miif'ying data deleted to mvent clearly unwarranW inv~jsion of personal privacy U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration Services LIC COPY , d' FILE: EAC 03 139 52257 Office: VERMONT SERVICE CENTER Date: 2 6 Zfigj 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. Administrative Appeals Office EAC 03 139 52257 Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 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. 3 1153(b)(l)(A), as an alien of extraordinary ability in sciences. The director determined that the petitioner had not established the sustained national or international acclaim requisite to classification as an alien of extraordinary ability. On Form I-290B counsel stated, "The Government erred as a matter of fact and law" and indicated that he would submit a brief and/or additional evidence to the AAO within 30 days. Counsel dated the appeal December 17, 2004. As of this date, over eight months later, the AAO has received nothing further from counsel. As stated in 8 C.F.R. 3 103.3(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. Counsel here has not specifically identified any reason for the appeal and has not provided any additional evidence. 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.