dismissed O-1B Case: Dance

(b)(6)
DATErEB 0 2 2015 Office: VERMONT SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
U.S. :Department of Homeland Security 
U.S. Citizenship and Immigration Service 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washinl!lon. DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(15)(0)(i) of the Immigration 
and Nationality Act, 8 U.S.C. § 1101(a)(15)(0)(i) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish 
agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law 
or policy to your case or if you seek to present new facts for consideration, you may file a motion to 
reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or 
Motion (Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B 
instructions at http:Uwww.uscis.gov/forms for the latest information on fee, filing location, and 
other requirements. See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. 
;£
o
k 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition. 
The matter is now before the Administrative Appeals Office (AAO) on appeal. We will dismiss the 
appeal. 
The petitioner seeks to classify the beneficiary, a dancer, as an 0-1B nonimmigrant pursuant to 
section 101(a)(15)(0)(i) of the hnmigration and Nationality Act (the Act), 8 U.S.C. 
1101(a)(15)(0)(i), as an alien of extraordinary ability in the arts. 
Mter issuing a request for evidence and then considering the evidence of record, the director 
denied the petition, finding that the petitioner did not establish that the beneficiary qualifies as an 
alien of extraordinary ability in the arts. The director determined that the petitioner did not 
establish that the beneficiary meets the evidentiary criterion at 8 C.P.R.§ 214.2(o)(3)(iv)(A), and 
that the submitted evidence did not satisfy any of the six evidentiary criteria set forth at 8 C.P.R. 
§ 214.2(o)(3)(iv)(B), of which the petitioner must meet three to establish the beneficiary's 
eligibility. 
The regulation at 8 C.P.R.§ 103.3(a)(1)(v) provides that "[a]n 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." In addition, Part 4 of Form 
I-290B, Notice of Appeal or Motion, states that the petitioner "must provide a statement 
regarding the basis for the appeal or motion."1 The petitioner indicated in Part 3 that "[n]o 
supplemental brief and/or additional evidence will be submitted" and did not submit a statement 
or any evidence on appeal. Rather, the petitioner submitted a cover letter listing the documents 
enclosed: Form I-290B with payment and a copy of the director's decision. In this matter, the 
petitioner has not identified an erroneous conclusion of law or a statement of fact in the 
director's decision. 
As the petitioner did not contest any of the specific findings of the director and offers no 
substantive basis for the filing of the appeal, the regulations mandate the summary dismissal of 
the appeal. 
The appeal will be dismissed for the above stated reasons. In visa petition proceedings, it is the 
petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the 
Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
1 Every benefit request submitted to USCIS must be executed and filed in accordance with the form instructions. 
Form instructions are incorporated into the regulations under 8 C.F.R. § 103.2(a)(l).