Date of Decision: July 12, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dressage Trainer
Field: Equestrian Sports
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Evidence of Sustained Acclaim: The petitioner provided extensive documentation recognized in their field.
Criteria Not Met:
- One-time Achievement: The petitioner did not establish evidence of a one-time achievement.
- Meeting Evidentiary Criteria: The initial decision noted the failure to meet at least three of the criteria at 8 C.F.R. § 204.5(h)(3).
Key Points from the Decision
Awards and Prizes Won
Summary of findings:
Not explicitly mentioned in the document.
Published Materials About the Petitioner
Summary of findings:
Not explicitly mentioned in the document.
Original Contributions of Major Significance
Summary of findings:
Not explicitly mentioned in the document.
Participation as a Judge
Summary of findings:
Not explicitly mentioned in the document.
Membership in Associations
Summary of findings:
Not explicitly mentioned in the document.
Authorship of Scholarly Articles
Summary of findings:
Not explicitly mentioned in the document.
Leading or Critical Role Performed
Summary of findings:
Not explicitly mentioned in the document.
Artistic Exhibitions or Showcases
Summary of findings:
Not explicitly mentioned in the document.
Evidence of High Salary or Remuneration
Summary of findings:
Not explicitly mentioned in the document.
Commercial Successes in the Performing Arts
Summary of findings:
Not explicitly mentioned in the document.
Supporting Documentation
- English Translations of Foreign Language Documents: Provided with certification.
- Letters of Support: Included in the submission.
- Additional Evidence: Other documents not in a foreign language were also included.
Conclusion
Final Determination: Remanded for a new decision.
Reasoning:
The Director’s initial decision was withdrawn because it did not consider the properly certified English translations and other evidence presented by the petitioner. The case is remanded for a new decision addressing the merits of the petitioner’s combined motion to reopen and reconsider.
Next Steps:
The petitioner should ensure all documents are properly translated and certified. Additionally, any new or supplementary evidence that strengthens the case should be submitted for the Director’s reconsideration.
