Date of Decision: February 12, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Electrical Equipment Maintenance and Electronic Communication Specialist
Field: Electrical and Electronic Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
None of the criteria were conclusively met as the Director’s findings were not upheld on appeal.
Criteria Not Met
One-Time Achievement: The Petitioner did not demonstrate a one-time achievement (a major, internationally recognized award).
Published Materials About the Petitioner: No evidence provided.
Original Contributions of Major Significance: The new evidence presented, including a letter confirming current employment and an offer of employment, did not establish eligibility for any additional criteria under 8 C.F.R. § 204.5(h)(3).
Judging the Work of Others: No evidence provided.
Performance in a Leading or Critical Role: No evidence provided.
High Salary or Remuneration: No evidence provided.
Commercial Successes in the Performing Arts: Not applicable.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: No evidence provided.
Published Materials About the Petitioner:
Summary of findings: No evidence provided.
Original Contributions of Major Significance:
Summary of findings: The evidence provided did not establish the Petitioner’s contributions as of major significance.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Employment Letters: Provided but did not establish eligibility for additional criteria.
Previously Submitted Documentation: Re-submitted but not considered as new evidence.
Conclusion
Final Determination: The motions to reopen and reconsider are dismissed.
Reasoning: The Petitioner did not demonstrate that the previous decision was based on an incorrect application of law or policy, nor did he provide new facts that establish eligibility for the requested immigration benefit.
Next Steps: The Petitioner must provide substantial and specific evidence to meet the criteria for extraordinary ability classification.
