Date of Decision: April 3, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fellow in Pulmonary/Critical Care
Field: Sciences
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None: The appeal did not identify any erroneous conclusion of law or statement of fact in the Director’s decision.
Criteria Not Met:
All Criteria: The appeal failed to specifically address any of the conclusions or facts presented in the initial denial. The statement submitted in support of the appeal did not identify any specific, erroneous conclusion of law or statement of fact.
Key Points from the Decision
Awards and Prizes Won:
None identified.
Published Materials About the Petitioner:
None identified.
Original Contributions of Major Significance:
None identified.
Participation as a Judge:
None identified.
Membership in Associations:
None identified.
Authorship of scholarly articles:
None identified.
Leading or critical role performed:
None identified.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
None identified.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
The statement the Petitioner submitted in support of the appeal did not identify any specific erroneous conclusion of law or statement of fact. Additionally, although the Petitioner stated on the Form I-290B, Notice of Appeal or Motion, that a brief or additional evidence was attached, no such evidence or brief was provided that could have addressed the Director’s decision.
Conclusion
Final Determination: The appeal was summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(1)(v).
Reasoning: The Petitioner failed to identify specifically any erroneous conclusion of law or statement of fact in the initial decision, leading to the summary dismissal of the appeal.
Next Steps: The Petitioner should consider consulting with an immigration attorney to better understand the requirements for an EB1 Extraordinary Ability petition and ensure that any future appeals or motions address specific legal or factual errors in the initial decision.
