AAO March 25, 2014

Case Information
USCIS Administrative Appeals Office (AAO)
Date: March 25, 2014
Office: California Service Center
Type: Non-Precedent
Petitioner: O-1A Visa in Business
Profession: SEO Online Marketing Manager
Agent: No
Citation: AAO Mar252014_01D8101


The California Service Center Director denied the petition for a nonimmigrant visa and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed.

The petitioner filed this nonimmigrant petition seeking to classify the beneficiary as an alien with extraordinary ability in the field of business, pursuant to section 101(a)(15)(O)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(O). The petitioner seeks to employ the beneficiary as its Marketing Manager for a period of two years.

The director denied the petition, finding that the petitioner failed to establish that the beneficiary qualifies as an alien of extraordinary ability his field of endeavor. The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and forwarded the appeal to the AAO for review.

On appeal, counsel for the petitioner stated the following on Form I-290B, Notice of Appeal or Motion:

The district director erred in determining that the Beneficiary did not meet the criteria of an extraordinary ability alien in the field of business and science. Evidence made part of the record, would show that the Beneficiary is highly acclaimed in the field of search engine optimization and meets the evidentiary standard for O-IA classification.

No additional documents accompanied the Form I-290B. Counsel indicated on Form I-1290B that it would submit a brief and/or additional evidence to the AAO within 30 days. As of this date, no brief or additional evidence has been submitted. The record will be considered complete.

The regulation at 8 C.F.R. § 103.3(a)(l)(v) states, in pertinent part:

“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.” This regulation is supplemented by the instructions on the Form 1-290B, Notice of Appeal or Motion, by operation of the rule at 8 C.F.R. § 103.2(a)(1) that all submissions must comply with the instructions that appear on any form prescribed for those submissions.''

With regard to appeals, Part 3 oi: the Form I-290B states:

“Appeal: Provide a statement explaining any erroneous conclusion of law or fact in the decision being appealed.”

Upon review, the AAO agrees with the director’s decision and affirms the denial of the petition. Moreover, the AAO will summarily dismiss the appeal. The petitioner has not explained any erroneous conclusion of law or statement of fact on the part of the director as a basis for the appeal. The petitioner asserts in a general manner that the director erroneously denied the 0-1 petition, but the petitioner did not provide any type of explanation for the basis of this assertion. The petitioner indicated that it would provide a brief to the AAO within 30 days, but to this date no additional documentation has been submitted.

Inasmuch as the petitioner has not specifically explained any erroneous conclusion of law or statement of fact as a basis for the appeal, the appeal will be summarily dismissed. 8 C.F.R. § 103.3(a)(l)(v).

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 (B1A 2013). Here, that burden has not been met.

ORDER: The appeal is summarily dismissed.

AAO Mar252014_01D8101