Date of Decision: APR. 11, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Financial and Information Security Executive
Field: Business
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: Sustained national or international acclaim not sufficiently demonstrated as per initial documentation
- Criterion 2: Efforts for new evidence in motion to reopen considered insufficient by the Director
Criteria Not Met:
- Criterion 1: Lack of proper documentation to establish extraordinary ability in business initially
- Criterion 2: No new factual evidence substantial enough to reconsider the previous decision
Key Points from the Decision
Awards and Prizes Won: Not applicable
Published Materials About the Petitioner: Petitioner’s brief on motion to reopen included references to policy but lacked substantial new factual evidence
Original Contributions of Major Significance: Not sufficiently evidenced in the documentation provided
Participation as a Judge: Not applicable
Membership in Associations: Not applicable
Authorship of scholarly articles: Not applicable
Leading or critical role performed: Not applicable
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: Not discussed in the available documents
Commercial successes in the Performing Arts: Not applicable
Supporting Documentation
- Petitioner’s Brief: A detailed document challenging the initial decision, though it failed to sway the Nebraska Service Center due to lack of substantial new factual evidence.
Conclusion
Final Determination: The case is remanded for further proceedings. The Director must issue a new decision that, if adverse, will provide specific findings that allow for a meaningful appeal.
Reasoning: The initial denial was based on insufficient documentation of extraordinary ability, and the motion to reopen did not introduce substantial new factual evidence.
Next Steps: Await the Director’s new decision post remand.
