dismissed
O-1B
dismissed O-1B Case: Fashion Design
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner indicated they would submit a brief but the statement provided failed to specifically identify any erroneous conclusion of law or statement of fact in the Director's original decision.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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U.S. Citizenship and Immigration Services MATTER OF N-Y-J- APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: JAN. 31.2018 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner seeks to temporarily employ the Beneficiary as a pattern maker and fashion designer. It seeks to classify him as an 0-1 nonimmigrant, a visa classification 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. See Immigration and Nationality Act (the Act) section IOI(a)(IS)(O)(i), 8 U.S.C. § 1101(a)(15)(0)(i). 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 any erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. § 1 03.3(a)(l )(v). 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 filing. However. the statement the Petitioner submitted in support of the appeal does not specifically identify an erroneous conclusion of law or statement of fact in the decision being appealed. Because the Petitioner has not identified any 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)(1)(v). Cite as Matter of N-Y-J-. ID# 1094275 (AAO Jan. 31, 2018)
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