dismissed
EB-1A
dismissed EB-1A Case: 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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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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