dismissed EB-1A

dismissed EB-1A Case: Writing

📅 Date unknown 👤 Individual 📂 Writing

Decision Summary

The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision, as required. Counsel indicated a brief and/or evidence would be submitted but failed to do so, leading to the dismissal.

Criteria Discussed

Not specified

Sign up free to download the original PDF

View Full Decision Text
identifying d~t? deleted to 
prevent cleal IY ~~i\uaaanted 
invasion of personal privacy 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
SRC 08 21 5 52039 
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. 5 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for 
the specific requirements. 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 $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 9 103.5(a)(l)(i). 
w 
Perry Rhew 
Chief, Administrative Appeals Office 
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 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)(l)(A), as an alien 
of extraordinary ability in the arts. The director determined that the petitioner had not established the 
requisite extraordinary ability through extensive documentation and sustained national or international 
acclaim. 
On appeal, counsel states: "The evidence submitted with the 1-140 [Immigrant Petition for Alien 
Worker] and subsequently in connection with the Notice of Intent to Deny clearly establish that the 
[petitioner] is a person of Extraordinary Ability as a writer." 
Counsel does not specifically challenge any of the director's findings or his analyses of the evidence 
submitted for the regulatory criteria at 8 C.F.R. 5 204.5(h)(3). Moreover, the appellate submission 
was unaccompanied by arguments or evidence addressing the regulatory criteria at 8 C.F.R. 
$ 204.5(h)(3) which the petitioner claims to meet. 
Counsel indicated that a brief and/or evidence would be submitted to the AAO within 30 days. The 
appeal was filed on August 4, 2009. As of this date, more than eight months later, the AAO has 
received nothing further. 
As stated in 8 C.F.R. 5 103.3(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 the classification sought. The appeal must therefore be summarily 
dismissed. 
ORDER: The appeal is dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.