EB-1 Extraordinary Ability USCIS Appeal Review – Attorney – APR262022_01B2203

Date of Decision: April 26, 2022

Service Center: Texas Service Center

Form Type: Form I-140

Case Type: EB1 Extraordinary Ability

Petitioner Information

  • Profession: Attorney
  • Field: International Law and Policy
  • Nationality: Not specified

Summary of Decision

  • Initial Decision: Denied
  • Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

  • N/A: The document does not specify any criteria that were met by the petitioner.

Criteria Not Met:

  • Performance in a Leading or Critical Role: The petitioner claimed roles in the American Bar Association and United Nations-centric roles, which were not established at the time of filing.
  • High Salary or Remuneration: Reimbursement evidence provided by the petitioner was post-filing and thus could not establish eligibility at the time of filing.
  • Other Evidentiary Criteria: No additional criteria were met as per the document.

Key Points from the Decision

Awards and Prizes Won:

  • Not Applicable: The document does not mention any awards or prizes won by the petitioner.

Published Materials About the Petitioner:

  • Not Applicable: The document does not mention any published materials about the petitioner.

Original Contributions of Major Significance:

  • Not Applicable: The document does not mention any original contributions of major significance by the petitioner.

Participation as a Judge:

  • Not Applicable: The document does not mention any participation as a judge by the petitioner.

Membership in Associations:

  • Summary of Findings: The petitioner had roles in the American Bar Association and United Nations-centric organizations, which were deemed not sufficient to establish eligibility at the time of filing.

Authorship of Scholarly Articles:

  • Not Applicable: The document does not mention any scholarly articles authored by the petitioner.

Leading or Critical Role Performed:

  • Summary of Findings: The petitioner’s roles in the American Bar Association and United Nations-centric organizations were deemed insufficient as they occurred after the petition’s filing date.

Artistic Exhibitions or Showcases:

  • Not Applicable: The document does not mention any artistic exhibitions or showcases by the petitioner.

Evidence of High Salary or Remuneration:

  • Summary of Findings: Reimbursements received after the filing date could not establish the petitioner’s eligibility.

Commercial Successes in the Performing Arts:

  • Not Applicable: The document does not mention any commercial successes in the performing arts by the petitioner.

Supporting Documentation

  • Submission Details: Various documents were submitted to support the petitioner’s claims, but they were not sufficient to establish eligibility at the time of filing.
  • Key Quotes or References: The petitioner failed to establish that prior decisions were incorrect or that new evidence provided met the necessary criteria.

Conclusion

  • Final Determination: The motion to reopen and motion to reconsider were dismissed.
  • Reasoning: The petitioner did not provide sufficient new evidence or demonstrate that prior decisions were incorrect based on the evidence at the time.
  • Next Steps: The petitioner has the option to seek further legal advice or consider alternative immigration pathways, if available.

Download the full petition review pdf here

Izu Okafor
Izu Okafor

Izu Okafor is a filmmaker, project manager, and video editor with a rich background in the film industry. He has refined his craft under the mentorship of industry giants like AMAA VFx Winner Stephen Onaji Onche and AMVCA-winning producer Chris Odeh. Izu is one of 60 participants in the prestigious British Council Film Lab Africa Accelerator Program. His experience spans roles at Sixar Studio, Sozo Films, and Hanuluo Studios, with work on projects like "Wahala" and "Chiugo." He recently produced his debut feature, "Dinobi," which has garnered international festival recognition. Beyond filmmaking, Izu is dedicated to social entrepreneurship and youth empowerment, mentoring future leaders through Uncommon Me International.

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