dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact from the original decision. Counsel did not present any substantive arguments or address the director's findings, leading to a summary dismissal for failing to state a basis for the appeal.
Criteria Discussed
Contributions Of Major Significance Published Material About The Alien
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PUBUCCOPy
DATE:
AUG 2 1 2012
IN RE: Petitioner:
Beneficiary:
Office: TEXAS SERVICE CENTER
U.S. Department of Homeland Security
U.S. Citizenship amllmrnigralion Ser\icc~
Administrative Appeal~ Office (1\1\0)
20 Massachusetl~ I\ve .. N.W .. MS 2()lJO
Washington. DC 20:\2lJ-2()l)()
U.S. Citizenship
and Immigration
Services
FILE:
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ahility Pursuant I{) Soeli{)n
203(h)(1)(A) of the Immigration and Nationality Act, 8 U.S.c. ยง 1153(b)(l)(A)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed plcase find Ihe decision of the Administrative Appeals Office in your casco All of Ihc documenls
relatcd to Ihis mailer have been returned to the office thai originally decided your case. Please he advised Ihal
any further inquiry Ihal you mighl have concerning your case must be made to that office.
If you helieve the AAO inappropriately applied the law in reaching its decision. or you hav"C additional
information that you wish to have considered, you may file a motion to reconsider or a mol ion to reopen in
accordance with the instructions on Form 1-29013, Notice of Appeal or Motion. with a fee of $630. The
specific requirements for filing such a motion can be found at 8 C.F.R. ยง 103.5. Do not liIe any motion
directly with the AAO. Plcase be aware that 8 C.F.R. ยง 103.5(a)(1)(i) requires any motion 10 he filet] within
30 days of the decision that the motion seeks to reconsider or rcopen.
Thank you,
#'ff--It=--
Perry Rhew
Chief, Administrative Appeals Office
www.uscis.gov
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 (AAO) on appeal, The appeal will
be dismissed,
The petitioner seeks classification as an employment-based immigrant pursuant to section 2OJ(b)(l)(A)
of the Immigration and Nationality Act (the Act), 8 U,S,C ยง 1 153(b)(1)(A), as an alien of extraordinary
ability. In a detailed, eight-page decision, the director determined that the petitioner had not established
the requisite extraordinary ability and failed to submit extensive documentation of his sustained national
or international acclaim. Specifically, the director determined that the petitioner submitted qualifying
evidence under only one of the regulatory criteria, of which a petitioner must meet at least three, and
that the evidence in the aggregate did not establish the petitioner's sustained national or international
acclaim.
At each stage of the process (accompanying the initial petition, in response to the director's request for
evidence (RFE), and on appeal), counsel has simply listed the evidence rather than briefing how this
evidence relates to the eligibility requirements for the classification sought. The most substantial
guidance was counsel's statement in response the RFE, in which counsel listed four letters that should
be considered under the contributions of major significance criterion.
On appeal, counsel does not specifically address the reasons for which the director concluded that the
petitioner's evidence failed to satisfy the requirements of each criterion, and counsel also fails to
identify any erroneous conclusion of law or statement of fact on the part of the director. Instead.
counsel simply asserts that the director erred as a matter of law and as a matter of fact in finding that
the petitioner did not satisfy the requirements of the regulations, without identifying any specific
error attributable to the director. On the Form 1-290B, Notice of Appeal or Motion, counsel merely
listed the regulatory requirements that, in his opinion, the AAO should presume that the petitioner
meets. In the subsequent submission, the only specific conclusion counsel attempts to address is the
director's linding that the petitioner failed to provide "proper" translations for the published material in
the record. The single translation the petitioner submits on appeal, however, is not certified as required
under 8 C.F.R. ยง IOJ.2(b)(3). Moreover, counsel makes no attempt to address the director's concern
that the published material was not "about" the petitioner as required under 8 C.F.R. ยง 204.5(h)(3)(iii).
Although the petitioner provides additional evidence in addition to the translation. counsel offers no
explanation regarding how this additional evidence demonstrates error on the part of the director or
even to which of the regulatory criteria this evidence relates.
As stated in the regulation at 8 C.F.R. ยง 103.3(a)(1)(v), an appeal shall be summarily dismissed if the
concerned party fails to identify specifically any erroneous conclusion of law or statement of fact for the
appeal. q [dy v. Holder, No. 11-1078, 2012 WL 975567 (1st Cir. Mar. 23, 2(12) (where an alien
fails to raise any legal issue regarding the Board of Immigration Appeals denial of an inadmissibility
waiver, the Court of Appeals is deprived of jurisdiction). See also Desravines 1'. United Slates
Attorney General, No. 08-14861. 343 F. App'x 433, 435 (11th Cir. 2009) (linding that issues not
briefed on appeal are deemed abandoned); Tedder v. F.M.c. Corp., 590 F.2d 115, 117 (5th Cir.
1979) (deeming abandoned an issue raised in the statement of issues but not anywhere else in the
brief). In this instance, the petitioner has not identified a basis for the appeal. The petitioner does nOl
contest the director's specific findings and offers no substantive basis for the filing of the appeal. As the
Page 3
petitioner failed to provide any specific statement or argument regarding the basis of his appeal, the
appeal must be summarily dismissed.
ORDER: The appeal is dismissed. Avoid the mistakes that led to this denial
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