dismissed
O-1A
dismissed O-1A Case: Science
Decision Summary
The director initially denied the petition because the beneficiary is statutorily ineligible to petition for himself for an O-1 visa. The AAO summarily dismissed the appeal because the petitioner failed to specifically identify an erroneous conclusion of law or statement of fact in the director's decision, as required by regulation.
Criteria Discussed
Statutory Ineligibility For Self-Petitioning Failure To Identify Erroneous Conclusion Of Law Or Fact
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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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