dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. Counsel did not submit a brief or elaborate on the reasons for the appeal, failing to identify any specific erroneous conclusion of law or statement of fact in the director's decision.
Criteria Discussed
Receipt Of A Major, Internationally Recognized Award Meeting At Least Three Of The Regulatory Criteria
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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 tdenttfiing data deleted to prevent clearly unwarranted invasion of personal privac) FILE: Office: TEXAS SERVICE CENTER Date: SRC 08 013 54260 SEP 0 2 2009 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. $ 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. 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. $ 103.5(a)(l)(i). AMnL John F. Grissom p~ctin~ Chief, Administrative Appeals Office Page 2 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. 5 1153(b)(l)(A), as an alien of extraordinary ability. The director denied the petition on November 6, 2008, finding that the petitioner failed to demonstrate receipt of a major, internationally recognized award, or that he meets at least three of the regulatory criteria at 8 C.F.R. $ 204.5(h)(3). The petitioner, through counsel, submits a timely appeal and provides the following reason as his reason for the appeal: Both this office and the client are not agree with your decision regarding the above-mentioned 1-140 petition on November 6, 2008. This office is therefore representing the above client to file the appeal. The brief will be provided within 30 days of November 6,2008. Counsel did not elaborate on his argument, cite to specific errors on the part of the director or describe any evidence the director allegedly failed to analyze. Further, despite counsel's assertion that he would submit a brief to the AAO within 30 days, to date, no submission has been received. Accordingly, the record is considered to be complete as it now stands. 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's general statement regarding the director's decision is not sufficient to meet the requirements for filing a substantive appeal. Therefore, as the petitioner has failed to specifically identify an erroneous conclusion of law or a statement of fact in this proceeding, the appeal must be summarily dismissed. ORDER: The appeal is dismissed. I It is noted that the petitioner's brief and/or additional evidence to accompany his appeal was due 30 days from his submission of the appeal, not 30 days from the date of the decision as his counsel noted in the appeal statement.
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