Date of Decision: April 15, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business
Field: Food Manufacturing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Criterion 1: One-time achievement or evidence meeting at least three of the ten regulatory criteria was not provided.
Criterion 2: No supporting evidence submitted with the Notice of Appeal or Motion, Form I-290B.
Criterion 3: The petitioner failed to identify any erroneous conclusion of law or fact in the Director’s decision.
Criterion 4: The petitioner did not challenge any of the Director’s findings or point to specific errors in the Director’s determination.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide any documentation to meet the initial evidence requirements set forth at 8 C.F.R § 204.5(h)(3).
Published Materials About the Petitioner:
No supporting evidence was submitted to establish the beneficiary’s eligibility.
Original Contributions of Major Significance:
The petitioner failed to submit any evidence of the beneficiary’s achievements.
Participation as a Judge:
No documentation provided to support this criterion.
Membership in Associations:
The appeal did not include any evidence pertaining to membership in associations.
Authorship of scholarly articles:
No evidence of authorship was provided.
Leading or critical role performed:
The petitioner did not submit any evidence to establish this criterion.
Artistic Exhibitions or Showcases:
No relevant evidence was provided.
Evidence of High Salary or Remuneration:
The petitioner did not submit any evidence to establish this criterion.
Commercial successes in the Performing Arts:
No documentation was provided to support this criterion.
Supporting Documentation
The petitioner filed the Notice of Appeal or Motion, Form I-290B, without any supporting evidence relating to the beneficiary’s eligibility for the classification sought.
Conclusion
Final Determination: The appeal is summarily dismissed.
Reasoning: The petitioner did not specifically address the reasons stated for denial and did not provide any evidence pertaining to the beneficiary’s eligibility for the classification sought.
Next Steps: The petitioner may consider submitting a new petition with adequate supporting evidence or seeking further legal advice.
