Date of Decision: January 2, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Entrepreneur, Inventor, and Scientist
Field: Information and Communication Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Motion Outcome: Motion to reopen dismissed
Evidentiary Criteria Analysis
Criteria Met
- None
Criteria Not Met
- Lesser Nationally or Internationally Recognized Prizes or Awards (8 C.F.R. § 204.5(h)(3)(i)): The petitioner referenced two awards already raised on appeal; the AAO reiterated that new evidence cannot be introduced for the first time in a motion to reopen.
- Membership in Associations (8 C.F.R. § 204.5(h)(3)(ii)): The petitioner stated she could not obtain adequate supporting documentation; the AAO treated the membership claims as forfeited.
- Original Contributions of Major Significance (8 C.F.R. § 204.5(h)(3)(v)): The petitioner offered assertions without supporting documentary evidence; assertions alone were insufficient.
- Leading or Critical Role in Distinguished Organizations (8 C.F.R. § 204.5(h)(3)(viii)): The petitioner referenced the criterion but provided no relevant evidence, instead discussing unrelated personal matters.
Key Points from the Decision
- No New Facts Presented: A motion to reopen requires new facts supported by documentary evidence; none were provided.
- Procedural Limits Emphasized: New eligibility claims cannot be raised for the first time on appeal or in a post-appellate motion.
- Membership Claims Forfeited: Lack of documentation led to forfeiture of the membership criterion.
- Unsupported Assertions: Claims under contributions of major significance and critical role were not substantiated by evidence.
Final Merits Determination
The AAO concluded that the petitioner did not present new, relevant, and documented facts to warrant reopening; the prior denial remains in effect.
Supporting Documentation
- Awards Evidence: Two awards cited without new supporting documentation.
- Membership Evidence: Inadequate documentation; claims considered forfeited.
- Original Contributions Evidence: Assertions without corroborating records.
- Leadership Evidence: No qualifying documentary support submitted.
Conclusion
Final Determination: Motion to reopen dismissed.
Reasoning: The petitioner failed to submit new facts with documentary evidence; previously asserted claims remained unsubstantiated.
