Date of Decision: May 22, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Culinary Artist
Field: Culinary Arts
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
The Director’s decision misapplied the criteria for a national interest waiver under EB-2 classification instead of the EB-1 extraordinary ability classification requested by the petitioner. Consequently, the case was remanded for proper adjudication under the correct classification.
Key Points from the Decision
Classification Misapplication:
The petitioner submitted an I-140 petition for EB-1 extraordinary ability classification. However, the Director evaluated the case under the EB-2 national interest waiver framework, which is irrelevant to the petitioner’s claim.
Remand for Proper Adjudication:
The Administrative Appeals Office (AAO) remanded the case to the Director to evaluate whether the petitioner meets the EB-1 extraordinary ability criteria under 8 C.F.R. § 204.5(h). The AAO did not address the merits of the petitioner’s evidence due to the procedural error.
Supporting Documentation
No detailed analysis of the petitioner’s evidence was provided due to the misapplication of classification criteria.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for proper adjudication under the EB-1 extraordinary ability framework.
Reasoning:
The Director incorrectly applied EB-2 criteria instead of evaluating the petitioner under the requested EB-1 extraordinary ability classification. The petitioner’s appeal was remanded for a new decision.
