dismissed EB-1A

dismissed EB-1A Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to submit a brief or additional evidence to support the appeal, and therefore did not specifically identify any erroneous conclusion of law or statement of fact in the original denial.

Criteria Discussed

Sustained National Or International Acclaim Summary Dismissal For Failure To State Grounds For Appeal

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View Full Decision Text
U.S. Department of Nomcland Sccurity 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: - Office: CALIFORNIA SERVICE CENTER Date: Ofi 1 6 2(1115 
WAC 04 028 50364 
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 1153@)(1)(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 offlice. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
Y 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California Service 
Center, and is now before the Administrative Appeals Ofice on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(bXl)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 3 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, counsel stated that the director did not correctly interpret the evidence and misapplied the standards 
for the classification sought. Counsel indicated that he would submit a brief andlor evidence to the 
Administrative Appeals Office (AAO) with in 30 days. 
Counsel dated the appeal February 10, 2005. As of December 1, 2005, nearly 10 months later, the AAO had 
received nothing further. Thus, on that date, this office contacted counsel by facsimile, advising that we had 
received no additional materials, inquiring as to whether anything had been submitted and requesting a copy of 
any additional materials submitted. The facsimile advised that failure to respond to our inquiry within five 
business days may result in the summary dismissal of the appeal. On December 7.2005, counsel responded that 
he had not field a brief or additional evidence. 
As stated in 8 C.F.R. 3 103.3(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. The appeal must therefore be summarily dismissed. 
ORDER: The appeal is dismissed. 
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