Date of Decision: SEPT. 8, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business
Field: Not specified
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
- One-time achievement or evidence meeting at least three of the ten regulatory criteria: The Petitioner did not submit any supporting documentation initially and failed to respond to the Request for Evidence (RFE).
Key Points from the Decision
The Petitioner filed Form I-140 on January 14, 2014, without any supporting documentation. An RFE was issued on August 25, 2014, advising the Petitioner to submit evidence to satisfy the evidentiary requirements. The Petitioner did not respond to the RFE, leading to the denial of the petition on December 15, 2014.
On January 16, 2015, the Petitioner filed Form I-290B without any supporting evidence and indicated that additional documents would be submitted within 30 days. However, as of the date of the decision, no further evidence was provided.
The Petitioner claimed that she did not receive the RFE and requested it to be re-sent. Although the RFE was re-mailed on November 25, 2014, the Petitioner still did not respond before the Director’s decision on December 15, 2014.
The Petitioner did not identify any erroneous conclusion of law or fact in the Director’s decision, nor did she challenge the findings or point to specific errors in the determination that the evidentiary requirements were not satisfied.
Supporting Documentation
The Petitioner failed to provide any supporting documentation as required by the regulations at 8 C.F.R § 204.5(h)(3).
Conclusion
Final Determination: The appeal is summarily dismissed.
Reasoning: The Petitioner did not address the reasons for denial and failed to provide evidence for eligibility. The appeal does not identify any erroneous conclusion of law or fact.
Next Steps: The Petitioner may consider submitting a new petition with complete and sufficient supporting documentation to meet the evidentiary criteria.
