dismissed
O-1A
dismissed O-1A Case: Business
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's decision and did not submit a promised brief or additional evidence.
Criteria Discussed
Not specified
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Room A3042 Washington, DC 20529 U. S. Citizenship and Immigration 'C FILE: 8 fx!< SRC 04 075 50892 Office: TEXAS SERVICE CENTER Date: lYlk i - 4 [I4$, PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(15)(0)(i) of the Immigration and Nationality Act, 8 U.S.C. 5 1101(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. hobert P. Wiemann, Director Administrative Appeals Office SRC 04 075 50892 Page 2 DISCUSSION: The Director, Texas Service Center, denied the nonimmigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks 0- 1 classification of the beneficiary, under section 10 l(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1 IOl(a)(15)(0), as an alien with extraordinary ability in business, in order to employ her as a project manager for a period of three 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 her field of endeavor. On appeal, counsel for the petitioner simply states as the reason for the appeal: "I will submit specific evidence particular to the 0-1 regulations showing the beneficiary meets more than one criteria sufficiently to warrant this classification." Counsel for the petitioner further indicated that he would submit a brief andlor additional evidence within thirty days of filing the appeal. More than one year has lapsed since the appeal was filed and nothing more has been submitted to the AAO. Section 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1101(a)(15)(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. 3 103.3(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 identify 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.
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