dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion of law or statement of fact for the appeal and did not submit a promised brief or additional evidence.
Criteria Discussed
Major, Internationally Recognized Award At Least Three Of The Regulatory Criteria At 8 C.F.R. 204.5(H)(3)
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Wrjring data deleted to prevent clearly unwarranted invasion of personal privacq U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Ofice ofAdrninistrative Appeals MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration PUBLIC COPY Office: NEBRASKA SERVICE CENTER Date: $~p Q 2 2009 LIN 07 052 50443 PETITION: lmmigrant 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). ohn F. Grissom uActing Chief, Administrative Appeals Office Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 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 pusuant 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 determined that the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. The director denied the petition on July 30, 2008, finding that the petitioner failed to demonstrate receipt of a major, internationally recognized award, or that she meets at least three of the regulatory criteria at 8 C.F.R. 5 204.5(h)(3). The petitioner, through counsel, submits a timely appeal and argues that the director erred as a matter of fact and law in his decision. However, counsel failed to elaborate on his argument, cite to specific errors on the part of the director or describe the testimony the director allegedly failed to analyze. Further, despite counsel's assertion that he would submit a brief andlor additional evidence 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. 5 103.3(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.
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