Date of Decision: April 25, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Arts (Music Entertainment)
Petitioner Information
Profession: Music Entertainer
Field: Music Entertainment
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Not Applicable: The appeal was dismissed due to procedural issues, and no substantive criteria were reviewed or met.
Criteria Not Met:
Identification of Errors: The petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the initial denial.
Proper Filing: The appeal was not properly filed, as the Form I-290B was submitted by an attorney without a properly executed Form G-28.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to classify the beneficiary as an individual of exceptional ability in the music entertainment field.
Substantial Merit and National Importance:
The decision did not address the merits of the petitioner’s claim due to the procedural deficiencies in the appeal filing.
Key Quote: “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.”
Supporting Evidence:
The petitioner did not submit additional evidence or a brief within 30 days of filing the appeal, as stated on the Form I-290B.
Key Quote: “We have not received anything further from the Petitioner to date.”
Inconsistencies in Proposed Endeavor:
The main inconsistency noted was the lack of a specific statement identifying errors in the initial decision and the improperly executed Form G-28.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation:
Form I-290B (Notice of Appeal or Motion)
Form G-28 (Notice of Appearance as Attorney or Representative) with an auto-executed signature
Conclusion
Final Determination: The appeal was summarily dismissed.
Reasoning:
The petitioner failed to provide a specific statement identifying any erroneous conclusion of law or fact in the initial decision. Additionally, the appeal was improperly filed by an attorney without a properly executed Form G-28. Consequently, the Administrative Appeals Office dismissed the appeal, and the initial decision to deny the petition was upheld.
