Date of Decision: February 13, 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:
- [No criteria were specified as met in the decision]
Criteria Not Met:
- Receipt of a Major, Internationally Recognized Award: The petitioner did not demonstrate receipt of a major, internationally recognized award.
- Other Evidentiary Criteria: The petitioner did not meet at least three of the criteria listed under 8 C.F.R. § 204.5(h)(3).
Key Points from the Decision
Procedural History
The petitioner had previously filed five motions, all of which were denied. This review concerns the sixth motion to reopen the case, which also was dismissed.
Key Findings
- Failure to Address Previous Decisions: The petitioner did not address the specific issues from the fifth motion decision, which is mandatory before considering any other eligibility factors.
- Multiple Filings: The repeated filings of motions serve to delay the final resolution and are counterproductive, especially in immigration proceedings.
Supporting Documentation
- Original Petition and Prior Motions: The petitioner had filed an initial petition and five subsequent motions, none of which demonstrated eligibility for the EB1 classification.
- Regulatory Requirements: Each motion must first address and overcome the most recent adverse decision, which the petitioner failed to do.
Conclusion
Final Determination: The motion to reopen is dismissed.
Reasoning: The petitioner did not provide new evidence that addresses the shortcomings of the fifth motion dismissal. Multiple filings without new, compelling evidence only delay proceedings and waste resources.
Next Steps: The petitioner may consider filing a new petition instead of pursuing further motions, as refiling might be more expedient and less burdensome.
Recommendations
- Carefully review the requirements for EB1 classification and ensure that any future petitions or motions directly address the criteria and any previous decisions.
- Consider gathering additional, compelling evidence that directly supports meeting the necessary criteria for an EB1 extraordinary ability classification.
This case highlights the importance of addressing specific issues in prior decisions when filing motions to reopen and the need for substantial, new evidence to overturn previous denials.
