dismissed EB-1A

dismissed EB-1A Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence to support the appeal. Counsel did not identify any specific erroneous conclusion of law or statement of fact from the director's initial decision, which is a procedural requirement for an appeal to proceed.

Criteria Discussed

Sustained National Or International Acclaim

Sign up free to download the original PDF

View Full Decision Text
U.S. Department of Homeland Security 
identifying data deleted to 
prevent cledy marr%mted 
invasion of jmxmai privacy 
PUBLIC copy 
U.S. Citizenship and Immigration Services 
Office ofAdminisfrafive Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: m Office: TEXAS SERVICE CENTER Date: 
SRC 09 213 53606 AUG 0 3 2010 
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. 5 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. 5 103.5. 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. Please be aware that 8 C.F.R. 5 103.5(a)(l)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
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 on appeal. The appeal will be 
dismissed. 
The petitioner seeks classification as an "alien of extraordinary ability" pursuant to section 203(b)(l)(A) 
of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A). 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, counsel merely stated that she would submit a brief andlor evidence to the Administrative 
Appeals Office (AAO) within 30 days. Counsel dated the appeal September 24,2009. As of this date, 
more than 10 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. 
Counsel here has not specifically addressed the reasons stated for denial and has not provided any 
additional evidence. She has not even expressed disagreement with the director's decision. The appeal 
must therefore be summarily dismissed. 
ORDER: The appeal is dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.