dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's denial. The petitioner requested an extension of 90 days to prepare documents but did not submit any further evidence or arguments for over nine months.
Criteria Discussed
Not specified
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rrn. 3000 Washington, DC 20529 U. S. Citizenship and Immigration Services 82 FILE: WAC 04 1 18 53254 Office: CALIFORNIA SERVICE CENTER Date: ~r 05 2Q@ IN RE: Petitioner: Beneficiary: 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 1 153(b)(l)(~) 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. u 2obert P. Wiemann, Chief Administrative Appeals Office WAC 04 1 18 53254 Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California 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 determined the petitioner.had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. On appeal, the petitioner states: Currently I am in Iran and yet, I had limited time to access authorized legal lawyer because of short . period of notice and time lost during mail in post. I need to search and find a qualified representative to consult with himlher which will take at least a month until I can send him proper documents, he/she will also need at least a month or two to prepare the case and present the needed documents to your department. There are much more evidence and facts especially regarding origination, purpose and significance of national or international awards and other extraordinary qualification items presented in the last documents; I am preparing those documents and explanations which will describe my extraordinary capabilities and qualifications; if I prepare and send these documents and clarifications regarding each items to your office it will produce positive results regarding my case. I wish to have 90 days to present these documents and explanations. The appellate submission was unaccompanied by arguments specifically challenging the director's findings or evidence pertaining to the regulatory criteria at 8 C.F.R. 5 204.5(h)(3). The petitioner indicated that a brief and/or evidence would be submitted to the AAO within 90 days. The appeal was filed on December 28, 2005. As of this date, more than nine months later, the AAO has received nothing further. As stated in 8 C.F.R. 5 103.3(a)(l)(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. The petitioner has not specifically addressed the reasons stated for denial and has not provided any additional evidence relevant to the classification sought. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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