dismissed
EB-1A
dismissed EB-1A Case: Ship Modeler
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to follow up with a required legal brief or supporting evidence. After indicating they would submit these documents within 30 days, nothing was received nine months later, leading to dismissal for failing to identify any erroneous conclusion of law or statement of fact.
Criteria Discussed
Not specified
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identifying data deleted to ilrevent clearly unwarranted invQsion of perlonal prlvaoy T'tmLIC COP" DATE: MAR 2 2 2012 Office: TEXAS SERVICE CENTER INRE: Petitioner: Beneficiary: u.s. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Services FILE: PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)(1)(A) of the Immigration and Nationality Act; 8 U.S.C. ยง 1 1 53(b)(1)(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. ยง 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.F.R. ยง 103.5(a)(l)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Th,ank you, '. ", t \ . .;"v, ~ Perry Rhew Chief, Administrative Appeals Office www.uscis.gov ,> โข Page 2 DISCUSSION: The approval of the employment-based immigrant visa petition was revoked by the Director, Texas Service Center, on March 10, 201l. The director dismissed the petitioner's motion to reopen on May 13,2011, 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)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(1)(A), as an alien of extraordinary ability as a ship modeler. On Form I-290B, Notice of Appeal or Motion, counsel indicated in Part 2 that he was filing an appeal and his "brief and/or additional evidence will be submitted to the AAO within 30 days." Moreover, counsel indicated in Part 3 that he would "submit supporting documents along with a legal brief within 30 days." Finally, in counsel's accompanying cover letter, he "request[ed] 30 days before we can file a legal brief along with the supporting documents." Counsel dated the appeal on June 13, 2011. As of this date, approximately nine months later, the AAO has received nothing further. Accordingly, the record is considered complete as it now stands. As stated in 8 C.F.R. ยง 103.3(a)(1)(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 addressed the reasons stated for revocation and has not provided any additional evidence. As counsel for the petitioner has failed to provide any specific statement or argument regarding the basis of his appeal, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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