Date of Decision: September 28, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: City Branding Expert
Field: City Branding
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not provide sufficient evidence to meet any of the required criteria.
Criteria Not Met:
- One-Time Achievement: The petitioner did not provide evidence of a one-time achievement.
- Evidence of at least three criteria: The petitioner failed to satisfy at least three of the ten evidentiary criteria at 8 C.F.R. § 204.5(h)(3).
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings: Not specified
Key Quotes or References: None provided
Published Materials About the Petitioner:
Summary of Findings: Not specified
Key Quotes or References: None provided
Original Contributions of Major Significance:
Summary of Findings: Not specified
Key Quotes or References: None provided
Participation as a Judge:
Summary of Findings: Not specified
Key Quotes or References: None provided
Membership in Associations:
Summary of Findings: Not specified
Key Quotes or References: None provided
Authorship of Scholarly Articles:
Summary of Findings: Not specified
Key Quotes or References: None provided
Leading or Critical Role Performed:
Summary of Findings: Not specified
Key Quotes or References: None provided
Artistic Exhibitions or Showcases:
Summary of Findings: Not specified
Key Quotes or References: None provided
Evidence of High Salary or Remuneration:
Summary of Findings: Not specified
Key Quotes or References: None provided
Commercial Successes in the Performing Arts:
Summary of Findings: Not specified
Key Quotes or References: None provided
Supporting Documentation
- Director’s Initial Decision: Denied the Form I-140, citing failure to meet evidence requirements and misrepresentation of authorship record.
- Petitioner’s Combined Motion to Reopen and Reconsider: Filed untimely, with no justification for the delay.
- Appeal: Submitted additional evidence, but the appeal focused solely on the dismissal of the combined motions.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not provide a valid justification for the untimely filing of the combined motion. The explanation provided on appeal was not persuasive and did not warrant reversing the Director’s decision.
Next Steps: The petitioner must ensure timely submission of motions and appeals in the future and provide sufficient evidence to meet the required criteria for classification as an individual of extraordinary ability.
