Date of Decision: February 3, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Not specified in the document
Field: Not specified in the document
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet any criteria in the context of this motion.
Criteria Not Met:
- Criterion 1: Awards, membership, leading or critical role, and contributions of major significance claims. The petitioner failed to address the latest adverse decision adequately.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner mentioned awards, but the arguments related to these were not addressed properly in the latest motion.
Published Materials About the Petitioner:
- No specific new evidence was presented regarding published materials about the petitioner.
Original Contributions of Major Significance:
- The petitioner failed to provide new evidence or address the previous decision adequately.
Participation as a Judge:
- The petitioner did not adequately address this criterion in the motion.
Membership in Associations:
- Claims about membership in associations were not adequately addressed in the latest motion.
Authorship of Scholarly Articles:
- The petitioner did not provide new evidence regarding authorship of scholarly articles.
Leading or Critical Role Performed:
- The petitioner’s claims about leading or critical roles were not sufficiently addressed in the latest motion.
Artistic Exhibitions or Showcases:
- The petitioner did not present new evidence or adequately address the previous decision regarding artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
- The petitioner did not provide new evidence or address previous decisions adequately regarding high salary or remuneration.
Commercial Successes in the Performing Arts:
- No new evidence was presented, and previous decisions were not adequately addressed.
Supporting Documentation
The petitioner submitted numerous documents throughout the process. However, in the latest motion, they failed to present new evidence or adequately address the reasons for previous denials.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were dismissed.
Reasoning:
- The petitioner did not overcome the deficiencies noted in the latest decision from October 2022.
- The petitioner did not provide new facts or evidence sufficient to warrant reopening the case.
- The petitioner did not demonstrate an incorrect application of law or USCIS policy in the previous decisions.
Next Steps:
- The petitioner may consider refiling a new petition as a potentially more effective method to achieve a favorable decision.
- If the petitioner decides to file future motions, they must address and overcome the specific reasons for denial noted in the most recent decisions.
