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DismissedEB-2 · Appeal

Music entertainment corporation

Arts, media & sports · decided 2017-04-25 · NSC · APR252017_01B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

What the AAO decided

  • ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). See in text
Read the full decision (1 page)

Objections found (0)

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No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF D- INC · Non-Precedent Decision of the Administrative Appeals Office · DATE: APR. 25, 2017 · APPEAL OF NEBRASKA SERVICE CENTER DECISION · PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER

    The Petitioner, a "music entertainment" corporation, seeks classification for the Beneficiary as an individual of exceptional ability in the arts. See Immigration and Nationality Act (the Act) section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). This second preference classification makes immigrant visas available to foreign nationals with a degree of expertise significantly above that normally encountered in the sciences, arts, or business.

    On September 20, 2016, the Director of the Nebraska 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 identifies an erroneous conclusion of law or 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 filing. 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.

    We note separately that, even if the Petitioner identified a specific, erroneous conclusion of law or statement of fact, the Petitioner would need to cure the improperly filed appeal in order for us to review the merit of such a statement. The Administrative Appeals Office must reject an appeal improperly filed by an attorney without a properly executed Form G-28, Notice of Appearance as Attorney or Representative, entitling that person to file the appeal. 8 C.F.R. § 103.3(a)(2)(v)(A)(1)- (2). See also 8 C.F.R. § 292.4(a). In this case, an attorney filed the Form I-290B supported by an auto-executed Form G-28 bearing "/S/" in place of the signature ofthe Petitioner in Part 4.

    ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). Cite as Matter ofD- Inc, ID# 394871 (AAO Apr. 25, 2017)