dismissed
EB-1A
dismissed EB-1A Case: 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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(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. Avoid the mistakes that led to this denial
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