Date of Decision: April 5, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Administrative Services Manager
Field: Administrative Management
Nationality: Filipino
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met: None
Criteria Not Met:
Awards: The petitioner did not demonstrate receipt of major, internationally recognized awards.
Memberships: Failed to establish memberships in associations requiring outstanding achievements.
Published Material: Insufficient evidence of published material about the petitioner in major media.
Judging: Did not demonstrate participation as a judge of the work of others in the field.
Original Contributions: Lack of proof of original contributions of major significance to the field.
Scholarly Articles: No evidence of authorship of scholarly articles in professional journals.
Leading or Critical Role: Did not establish a leading or critical role for organizations with a distinguished reputation.
High Salary: Failed to prove commanding a high salary in relation to others in the field.
Key Points from the Decision
Evidence Analysis: Thorough analysis concluded that submitted evidence did not meet regulatory requirements.
Procedural Compliance: The petitioner failed to include a mandatory statement regarding judicial proceedings, which was a critical procedural error.
Supporting Documentation
The petitioner submitted various documents in an attempt to satisfy the evidentiary criteria, including certificates, letters from associations, and income tax documentation. However, these were not considered due to procedural failures and because they were not presented in the initial petition stage.
Conclusion
Final Determination: The petitioner did not demonstrate extraordinary ability as per the defined criteria, resulting in the denial of the motion to reconsider and reopen.
Reasoning: Lack of compelling evidence and procedural non-compliance were the primary reasons for denial.
Next Steps: The petitioner may seek to refile with comprehensive and compelling new evidence, adhering strictly to procedural requirements.
