dismissed EB-1A

dismissed EB-1A Case: Volleyball Coaching

📅 Date unknown 👤 Individual 📂 Volleyball Coaching

Decision Summary

The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence as promised. By failing to identify any specific erroneous conclusion of law or statement of fact from the original denial, the petitioner did not meet the procedural requirements for an appeal.

Criteria Discussed

Procedural Failure To State Grounds For Appeal

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View Full Decision Text
(b)(6)
PATE:· SEP 2 5 2013 
INRE: Petitioner: 
Beneficiary: 
Office: NEBRASKA SERVICE CENTER 
U.S. Department ofHonieland Sticurlty 
{).S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
·u.s! Cit~~nship 
and Imrmgrauon 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as ar;t Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) ofthe Immigration and Nationality Act; 8 U.S.C. § li53(b)(l)(A) 
ON BEHALF OF PETITIONER: 
I_NSTRUCTIONS: 
EnClosed ple~e f'ind the decisio_n of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. Tile AAO does not announce new constructions of law nor establish agency 
policy thro~gh non-precedent decisions. If you believe the AAO incorrectly applied Cu.trent l~w ot policy to 
your c.ase or if you ~eek t(> preSent ne\V facts for Cbnsideration, you may file a motion to reconsider pr a 
motion to reopen, respectively. Any motion must be filed on a Notice. of Appeal or Motion (Form: I-290B.) 
within 33 days of the d_(!.te of this decision. Please review the ·Form I~290B instructions at 
http:/twww.uscis.gov/forms for the latest information on fee, filing location, and other requi:rements. 
See aiso-sc:F.R. § i03.5. Do not file a motion directly with the AAO. 
Thank you, 
~4-
Ron Rosenberg 
Chief, Acliilinistra~ive Appeals Office 
(b)(6)
NON-PRECEDENT DECISION 
Page 2~ 
DlSCU$SION: The employment-based imm:igrant visa petition was denied by the Director, 
Nebraska Service Center, on April 26, 2013. The matter is now before the Administrative Appeals 
Office (AAO) 
on appeaL The appeal will be summarily dismissed .. · . \ 
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)(1)(A), as an alien 
of extraordinary ilbility as a volleyball coach. On Form I-290B, Notice of Appeal or Motion, 
counsel indicated in Part 2 that he wa,s filing an appeal and his ''brief and/or additional evidence will 
be· submitted to the AAO within 30 days." Mor~over, in Part 3, counsel stated "[p]lease refer to the 
brief 
and/or additional evidence to be submitted to the MO with[in] 30 days for the detailed 
grounds supporting this appeal." Finally, in counsel's cover letter submitted in support of the 
appeal, coW].sel .claimed that he would "submit a brief and/or additional evidence to [the] AAO 
within 30 days pursuant to the instructions of the form.;' Counsel dated the appeal oil May 25,2013. 
However, as of this date, a:ppro:x;imat~ly four months later, the AAO has received nothing further. 
Accordingly, the record is c.onsidered complete as it now stands. 
As stated in 8 C.F.R. § 103.3(a)(1)(v), an appeal shall be sUrtlinarily 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. As couns.el has failed to provide a11y specific statement or argument regarding 
the basis of his appeal, the appeal r.nust be summarily dismissed. 
In visa petitiol) proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought Section 291 of the Act;. 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Her¢, that burden has not been met. 
ORDE~: The appeal is dismissed. 
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