Date of Decision: October 18, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Former Professor
Field: Education
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Criterion 1: Extensive documentation required to demonstrate extraordinary ability through sustained national or international acclaim was not provided.
Criterion 2: Petitioner failed to submit new facts supported by affidavits or other documentary evidence required for a motion to reopen.
Criterion 3: Prior submissions lacked necessary evidence and explanations despite multiple opportunities for the petitioner to provide additional documentation.
Key Points from the Decision
Awards and Prizes Won: Not applicable
The petitioner did not provide sufficient documentation of awards or prizes relevant to establishing extraordinary ability.
Published Materials About the Petitioner: Not applicable
No published materials were provided to support the petitioner’s claim of extraordinary ability.
Original Contributions of Major Significance: Not applicable
The petitioner failed to demonstrate original contributions of major significance in the field of education.
Participation as a Judge: Not applicable
No evidence was submitted to show the petitioner’s participation as a judge in the field.
Membership in Associations: Not applicable
No memberships in associations that demand outstanding achievements were documented.
Authorship of Scholarly Articles: Not applicable
The petitioner did not provide evidence of authorship of scholarly articles in professional journals or other major media.
Leading or Critical Role Performed: Not applicable
There was no documentation supporting the petitioner’s leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases: Not applicable
No evidence of artistic exhibitions or showcases relevant to the field of education was submitted.
Evidence of High Salary or Remuneration: Not applicable
The petitioner did not provide evidence of a high salary or significantly high remuneration compared to others in the field.
Commercial Successes in the Performing Arts: Not applicable
There were no commercial successes in the performing arts provided as evidence.
Supporting Documentation
The supporting documents provided failed to meet the evidentiary criteria for establishing extraordinary ability. Despite multiple opportunities to submit additional evidence, the petitioner did not overcome the deficiencies outlined in prior decisions.
Conclusion
Final Determination: Denied
Reasoning:
The petitioner did not provide new facts or overcome the grounds of denial from the latest decision. The lack of substantial evidence and failure to meet the required criteria led to the denial of the motion to reopen. The petitioner’s claims were unsupported by adequate documentation.
Next Steps:
It is recommended that the petitioner reviews the evidentiary criteria and gathers substantial and relevant documentation before considering any further motions or appeals.
