dismissed O-1A

dismissed O-1A Case: Taekwondo

๐Ÿ“… Date unknown ๐Ÿ‘ค Organization ๐Ÿ“‚ Taekwondo

Decision Summary

The appeal was summarily dismissed because the petitioner, on appeal, failed to specifically identify any erroneous conclusion of law or statement of fact from the director's initial denial. Counsel stated they would submit a brief and evidence but failed to do so for over seven months.

Criteria Discussed

Failure To Identify Specific Error On Appeal Extraordinary Ability Definition

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View Full Decision Text
U.S. Department of Homclr~nd Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
FILE: LIN 04 03 1 50229 Office: NEBRASKA SERVICE CENTER Date: 
1 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(0)(i) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 10 l(a)(15)(0(i) 
ON BEHALF OF PETITIONER: 
This is the decision of the Administrative Appeals Ofice in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that ofice. 
'd @ Robert P. Wiemann, Director 
Administrative Appeals Office 
LIN 04 03 1 50229 
Page 2 
DISCUSSION: The nonimmigrant visa petition was denied by the Director, Nebraska Service Center, and is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner is a taekwondo school that seeks to employ the beneficiary as an instructor for a period of three 
years. The director denied the petition, finding that the petitioner failed to establish that the beneficiary is "one of 
the small percentage who have arisen to the very top of the field of endeavor" as defined in the: pertinent 
regulations. 
On appeal, counsel for the petitioner simply states as the reason for the appeal: "U.S. West Coast Taekwondo 
submitted sufficient evidence that [the beneficiary] is an 0-1 alien of extraordinary ability as a taekwondo 
instructor and athlete." Counsel for the petitioner hrther indicated that she would submit a brief andlor additional 
evidence within thirty days of filing the appeal. More than seven months have lapsed since the appeal was filed 
and nothing more has been submitted to the AAO. 
Section 1 Ol(a)(l5)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. tj 1 101(a)(15)(0)(i)17 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. 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 far 
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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