dismissed
O-1A
dismissed O-1A Case: Medicine
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact from the original decision, as required by regulations, and did not submit a brief or additional evidence as promised.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Fact
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U.S. Department of Homeland Security 20 Mass. Ave. NW, Rrn. A3042 Washington, DC 20529 U. S. Citizenship and Immigration Services e- 'c** /'\ "s f Yp." 'am FILE: LIN 05 008 53614 Office: NEBRASKA SERVICE CENTER Date: DEc 2 2 ~~~~ IN RE: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(I 5)(0)(i) of the Immigration and Nationality Act, 8 U.S.C. 5 1 101(a)(15)(0)(i) ON BEHALF OF PETITIONER: 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. Ally further inquiry must be made to that office. , 2d Robert P. Wiemann, Director Administrative Appeals Office " LIN 05 008 53614 Page 2 DISCUSSION: The Nebraska Service Center Director denied the nonimmigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner is a medical corporation and 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. ยง 1 10 l(a)(15)(0)(i), as an alien with extraordinary ability in science. The petitioner seeks to employ the beneficiary in the United States for a period of tlvee years as a physician. The director denied the petition, finding that the petitioner had failed to establish that the beneficiary has sustained recognition as being one of a small percentage at the very top of his field of endeavor. Counsel for the petitioner timely filed a Form 1-290B, Notice of Appeal to the Administrative Appeals Unit, in which she asserted that the beneficiary met at least three of the requirements to qualify for an 0-1 visa preference classification. Counsel indicated on the Form 1-290B that a brief andlor additional evidence would be submitted within 30 days. As of the date of this decision, however, more than seven months after the appeal was filed, no further documentation has been received by the AAO. Therefore, the record will be considered complete as presently constituted. The regulation at 8 C.F.R. ยง 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. The petitioner has failed to identify specifically any erroneous conclusion of law or a statement of fact in this proceeding; therefore, the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed.
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