dismissed O-1B

dismissed O-1B Case: Ballroom Dance

📅 Sep 12, 2017 👤 Company 📂 Ballroom Dance

Decision Summary

The appeal was summarily dismissed because the petitioner failed to identify a specific, erroneous conclusion of law or statement of fact in the director's decision. Although the petitioner indicated on the appeal form that a brief or additional evidence would be submitted, nothing was received.

Criteria Discussed

8 C.F.R. § 103.3(A)(1)(V)

View Full Decision Text

MATTER OF D-NY, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 12,2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a ballroom dance studio, seeks to classify the Beneficiary as a foreign national of 
extraordinary ability in the arts. See Immigration and Nationality Act section 101(a)(l5)(0)(i), 
.8 U.S.C. § 1101(a)(15)(0)(i). This 0-1 classification makes nonimmigrant visas available to foreign 
nationals who can demonstrate their extraordinary ability through sustained national or international 
acclaim and whose achievements have been recognized in the field through extensive 
documentation. 
The Director of the Vermont Service Center denied the petition. The matter is now before us on 
appeal. Upon review, we will summarily dismiss the appeal. 
An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned 
fails to identify specifically an erroneous conclusion of law or statement of fact for the appeal. 
8 C.F.R. § 103.3(a)(1)(v). 
The Petitioner did not provide a statement in support of the appeal that specifically identities an 
erroneous conclusion of law or statement of fact in the decision being appealed. On the Form 
I-290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence would 
be submitted within 30 days of the April 21, 2017, filing date. However, we have not received 
anything further from the Petitioner to date. Because the Petitioner has not identified a specific, 
erroneous conclusion of law or statement of fact in the Director's decision below, the appeal must be 
summarily dismissed. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
Cite as Matter of D-NY, Inc., ID# 664865 (AAO Sept. 12, 2017)

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.