dismissed EB-1A Case: Unknown

(b)(6)
DATE: JAN , , lOU 
INRE: Petitioner: 
Beneficiary: 
Office: NEBRASKA SERVICE CENTER 
U.S. Department ofH01neland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
.U.S. Citizenship 
and Immigration 
Services 
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. §-1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision ofthe Administrative Appeals Office in your case. Please note that all documents have 
been returned to 
the office that originally decided your case. Please also note 
that any further inquiry must be 
made to that office. 
Thank you, 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
•. 
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DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant 
visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The 
appeal will be rejected. 
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. § 1153(b)(l)(A), as an 
alien of extraordinary ability. The director determined that the petitioner had not established the 
requisite extraordinary ability and failed to submit extensive documentation of his sustained national 
or internatiomil acclaim. 
The regulation at 8 C.F.R § 1 03.3(a)(2) provides, in pertinent part: 
(v) Improperly filed appeal-
(A) Appeal filed by person or entity not entitled to file it-
(1) Rejection without refund of filing fee. An appeal filed by a 
person or entity not entitled to file it must be rejected as 
improperly filed. In such a case, any filing fee the Service has 
accepted will not be refunded. 
(2) Appeal by attorney or representative without proper Form 
G-28---
(i) General. If an appeal is filed by an attorney 
or representative without a properly executed Notice 
ofEntry of Appearance as Attorney or Representative 
(Form G-28) entitling that person to file the appeal, 
the appeal is considered improperly filed. In such a 
case, any filing fee the Service has accepted will not 
be refunded regardless of the action taken. 
(ii) When favorable action warranted .... 
(iii) When favorable action not warranted. If the 
reviewing official dec~des favorable action is not 
warranted with respect to an otherwise properly filed 
appea~ that official shall ask the attorney or 
representative to submit Form G-28 directly to the 
[AAO]. The official shall also forward the appeal 
and the relating record of proceeding to the [AAO]. 
The appeal may be considered properly filed as of its 
original filing date if the attorney or representative 
(b)(6)
Page3 
submits a properly executed Form G-28 entitling that 
person to file the appeal. 
The regulation at 8 C.F.R. § 103.2(a)(1) provides: 
General. Every application, petition, appeal, motion, req~est, or other document 
submitted on the form prescnbed by this chapter shall be executed and filed in 
accordance with the instructions on the form, such instructions (including where an 
application or petition should be filed) being hereby incorporated into the particular 
section ofthe regulations in this chapter requiring its submission. 
The instructions for the Form I-290B, Notice of Appeal or Motion, advise the appellant that: 
If you wish, you may be represented at no expense to the U.S. Government by an 
attorney or other duly authorized representative. Your attorney or representative must 
submit a Form G-28 with the appeal or motion. Ifthe appeal or motion is filed without a 
properly executed Form G-28, it will be dismissed or rejected. 
Additionally, the regulation at 8 C.F.R. § 292.4(a), as well as the instructions to the Form G-28, 
provides that: 
An appearance must be filed on the appropriate form as prescribed by DHS [Department 
of Homeland Security] by the attorney or accredited representative appearing in each 
case. The form must be properly completed and signed by the petitioner, applicant, or 
respondent to authorize representation in order for the appearance to be recognized by 
DHS. The appearance will be recognized by the specific immigration component of 
DHS in which it was filed until the conclusion of the matter for which it was entered. 
This does not change the requirement that a new form must be filed with an. appeal filed 
with the Administrative Appeals Office of US CIS. [emphasis added] 
Finally, the regulation at 8 C.F.R. § 1 03.3(a)(l )(iii) states, in pertinent part: 
(B) Meaning of affected party. For purposes of this section and §§ 103.4 and 103.5 of 
this part, affected party (in addition to the Service) means the person or entity with legal 
standing in a proceeding. It does not include the beneficiary of a visa petition. 
Only an affected party, a person or entity with legal standing, may file an appeal of an unfavorable 
decision. Form I-290B is signed by _ Howeyer, did 
not submit a new Form G-28 with the appeal authorizing him to act on behalf of the petitioner. 
Instead, submitted a copy of a previously submitted Form G-28 dated November 
1, 2011. 
(b)(6)
( . . . 
Page4 
By fax and telephone on December 18, 2012, the AAO requested to submit a new 
and duly executed Form G-28 in accordance with the instructions for Form I-290B and Form G-28, 
and the regulation at 8 C.F.R. § 292.4(a). The request adv~ed to submit the 
properly executed Form G-28 to the AAO within 15 calendar days. failed to 
respond to the 
AAO's request. 
As has failed to provide a properly executed Form G-28 authorizing him to act on 
behalf of the petitioner in the appellate stage of this proceeding, he cannot be considered as the 
petitioner's legal representative. Accordingly, the appeal has not been filed by the petitioner or by 
any entity with legal standing in the proceeding. Therefore, the appeal has not been properly filed 
and must be rejected. 
In the alternative, the appeal would have been summarily dismissed. Part 3 of Form I-290B 
includes a space for the petitioner to "[p ]rovide a statement explaining any erroneous conclusion 
oflaw or fact in the decision being appealed." states: ''The adjudicator failed 
to properly assess the evidence submitted in support ofthe application. He erred in both law and 
facts. Applicant, through his attorney, will submit a separate brief and/ evidence within 30 days." 
statement fails to identify any erroneous conclusion of law or fact in the 
director's decision. does not specifically challenge any of the director's 
findings or point to specific errors in the director's analyses of the documentary evidence 
submitted for the categories of evidence at 8 C.F.R. § 204.5(h)(3). · Further, 
does not explain how the specific documentary evidence that the petitioner submitted supports a 
fmding of eligibility. A passing reference without substantive arguments is insufficient to raise 
that ground on appeal. Des ravines v. U.S. Atty. Gen., 343 Fed.Appx. 433, 435 (11th Cir. 2009). 
The regulation at 8 C.F.R. § 103.3(a)(l)(v) provides that "[a]n officer to whom an appeal is taken 
shall summarily dismiss any appeal when the party concerned fails to identify specifically any 
erroneous conclusion oflaw or statement of fact for the appeal." In this matter, the petitioner has 
not identified as a proper basis for the appeal an erroneous conclusion of law or a statement of 
fact in the director's decision. 
In Part 2 of Form I-290B, .checked the box indicating that a brief and/or 
evidence would be submitted to the AAO within 30 days. The appeal was filed on September 24, 
2012. As of this date, more than three months later, the AAO has received nothing further. 
As stated in 8 C.F.R. § 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 pertaining to his eligibility for the classification sought. 
Therefore, if not rejected, the appeal would have been summarily dismissed. 
ORDER: The appeal is rejected.