dismissed EB-1A Case: Unknown

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'PlmLtC COpy 
DATE: Office: TEXAS SERVICE CENTER 
'JAN 1 0201l 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland 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 
FILE: 
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: 
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. § 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$630. Please be aware that 8 C.F.R. § 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, 
PerryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant 
visa petition. The Administrative Appeals Office (AAO) dismissed a subsequent appeal. The 
matter is now before the AAO on a second appeal. The appeal will be rejected. 
The record indicates that the AAO issued the decision on the first appeal on June 24, 2011. 
Specifically, the AAO summarily dismissed the petitioner's appeal because the petitioner failed 
to identify specifically any erroneous conclusion of law or statement of fact for the appeal 
pursuant to the regulation at 8 C.F.R. § 103.3(a)(1)(v). In addition, although counsel indicated 
that a brief and supplemental evidence would be submitted within 30 days of the filing of the 
appeal, the record of proceeding failed to reflect that such brief and/or evidence was ever 
submitted. 
In a letter dated July 16, 2011, counsel requested the AAO to reconsider the decision and argued 
that "there must have been a clerical error in this case as all supporting documents in our client's 
file have been submitted to USCIS in October of 2010 and must have been misplaced in transit 
or on arrival." On September 1,2011, the AAO responded to counsel's request and determined 
that the AAO's decision was proper and based on the record of proceeding. Moreover, the AAO 
indicated that counsel failed to submit any documentary evidence, such as a postal receipt, to 
verify his claim of submission prior to the AAO's decision, and the record of proceeding 
contained no error on part of the AAO that would warrant the reopening of the matter. 
On July 22,2011, counsel submitted the present appeal. The petitioner's appeal must be rejected. 
The AAO does not exercise appellate jurisdiction over its own decisions. The AAO exercises 
appellate jurisdiction over only the matters described at 8 C.F.R. § 103. 1 (f)(3)(iii) (as in effect on 
February 28, 2003). See DRS Delegation Number 0150.1(effective March 1, 2003). 
Accordingly, the appeal is not properly within the AAO's jurisdiction. 
As noted in the AAO's cover letter, the petitioner had the option of filing a motion to reopen or a 
motion to reconsider the AAO's most recent decision within 33 days of service pursuant to 8 
C.F.R. § 103.5 but neither the Form I-290B itself nor the petitioner's brief indicated an intent to 
file a motion. 
Therefore, as the appeal was not properly filed, it will be rejected. 
§ 1 03.3( a)(2)(v)(A)( 1). 
ORDER: The appeal is rejected. 
8 C.F.R.