dismissed EB-1A

dismissed EB-1A Case: Unknown

📅 Date unknown 👤 Individual 📂 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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View Full Decision Text
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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