dismissed
EB-1A
dismissed EB-1A Case: Sports
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact from the original denial. Despite indicating that a brief and/or additional evidence would be submitted, no further documentation was received by the AAO more than 11 months after the appeal was filed.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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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 PUBLIC COPY FILE: Office: NEBRASKA SERVICE CENTER Date: JUL 0 6 2009 LIN 07 130 51109 IN RE: 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. fj 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. 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. $ 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. 5 103.5(a)(l)(i). p~ctin~ 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 as an employment-based immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 153(b)(l)(A), as an alien of extraordinary ability in sports. The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. The petitioner timely filed a Form I-290B, Notice of Appeal or Motion, in which he requested additional time in whch to have his documentation translated. The petitioner indicated on the Form I-290B that a brief and/or additional evidence would be submitted to the AAO within 30 days. In a separate letter, the petitioner stated that he was requesting more time to review the evidence that he submitted and that he "will send this information to [US. Citizenship and Immigration Services] as fast as I possibly can." As of the date of this decision, however, more than 11 months after the appeal was filed, no hrther documentation has been received by the AAO. Therefore, the record will be considered complete as presently constituted. The regulation at 8 C.F.R. ยง 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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