dismissed O-1A

dismissed O-1A Case: Climate Science

📅 Sep 28, 2005 👤 Individual 📂 Climate Science

Decision Summary

The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact from the director's decision, as required by regulation. The underlying denial was based on the finding that the beneficiary improperly petitioned for himself and was statutorily ineligible to do so.

Criteria Discussed

Summary Dismissal Self-Petitioning Eligibility

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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 04 044 5 1807 Office: TEXAS SERVICE CENTER Date: 
SEP 2 8 ?@5 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(l5)(0)(i) of the Immigration 
and Nationality Act, 8 U.S.C. fj 1 10 1 (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. 
ZRobert P. Wiemann, Director 
Administrative Appeals Office 
SRC 04 044 5 1807 
Page 2 
DISCUSSION: The nonimmigrant 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 director denied the petition, finding that the beneficiary petitioned for himself and is statutorily ineligible to 
do so. 
On appeal, the petitioner simply states as the reason for the appeal: "I request reconsider my case because in order 
to contribute with effort and political will of President Bush, I put completely available to the Nation my 13 
accumulated years of formation and professional experience." The petitioner briefly summarized his experience. 
The petitioner also submitted on appeal a letter written by President Bush to Senators Hagel, Helms, Craig and 
Roberts about the administration's views on global climate change. 
Section 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 101(a)(15)(0)(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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