Date of Decision: November 22, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Barista
Field: Hospitality
Nationality: [Nationality not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Published materials about the Petitioner in professional or major trade publications or other major media. The Petitioner provided copies of website printouts as evidence.
Criteria Not Met:
Criterion 1: Membership in associations in the Petitioner’s field requiring outstanding achievements. The documentation provided did not sufficiently address the latest decision’s concerns regarding this criterion.
Key Points from the Decision
Awards and Prizes Won:
No awards or prizes were discussed in the decision.
Published Materials About the Petitioner:
The Petitioner included evidence of published materials about them, but this was not the focus of the latest decision.
Original Contributions of Major Significance:
Not discussed in the decision.
Participation as a Judge:
Not discussed in the decision.
Membership in Associations:
The Petitioner failed to provide adequate evidence of membership in associations in their field requiring outstanding achievements, which was the primary reason for the dismissal of the motion to reopen.
Authorship of Scholarly Articles:
Not discussed in the decision.
Leading or Critical Role Performed:
Not discussed in the decision.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not discussed in the decision.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Copies of website printouts supporting the published materials criterion.
Conclusion
Final Determination: The motion to reopen was dismissed due to the Petitioner’s failure to address the latest decision in the proceeding.
Reasoning: The Petitioner did not provide new facts or documentary evidence addressing the membership in associations criterion, which was the basis for the denial in the latest decision.
Next Steps: The Petitioner should focus on addressing the specific evidentiary criterion concerning membership in associations with outstanding achievements if considering another motion or petition.
