dismissed
O-1A
dismissed O-1A Case: Business
Decision Summary
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner did not specifically identify any erroneous conclusion of law or statement of fact from the original denial, which is required for an appeal to be considered.
Criteria Discussed
Failure To Identify Specific Error On Appeal Extraordinary Ability In Business
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration FILE: SRC 04 0 19 50977 Office: VERMONT SERVICE CENTER Date: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(0)(i) of the Immigration and Nationality Act, 8 U.S.C. 5 1 101(a)(15)(0(i) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. - *bert P. Wiemann, Director Administrative Appeals Office SRC 04 019 50977 Page 2 DISCUSSION: The Director, Texas Service Center, denied the nonirnmigrant visa petition in a decision dated June 1,2004. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner is a start-up corporation, established in 2003. The petitioner seeks to employ the beneficiary as its President for a period of ten years. The director denied the petition, finding that the petitioner failed to establish that the beneficiary satisfied the regulatory standard for an alien with extraordinary ability in business. * On appeal, the petitioner states as the reason for the appeal: "due to the complexity of [the beneficiary's] proprietary know-how, [the petitioning organization] will not realize success without his day to day involvement in this soon to be started business and his extraordinary executive and managerial abilities. [The beneficiary] is the inventor of a new and innovative business method that is the basic concept of [the petitioning organization] and a patent pending application." Section 10 l(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 10 l(aX1 5)(O)(i), provides classification to a qualified alien who has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions, has a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability. The petitioner failed to address specifically the grounds for denial set forth in the decision of the director. The regulation at 8 C.F.R. 8 103.3(a)(l)(v) states, in pertinent part: An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. Inasmuch as the petitioner has failed to identi@ specifically an erroneous conclusion of law or a statement of fact in this proceeding, the appeal must be summarily dismissed. ORDER: The appeal is dismissed.
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.