Date of Decision: September 1, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Former Professor
Field: Unspecified
Nationality: Unspecified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None
Criteria Not Met:
- Awards and Prizes:
The petitioner failed to demonstrate the receipt of a major, internationally recognized award. - Published Materials About the Petitioner:
The petitioner did not provide evidence that the published materials about him in major media outlets were sufficient to meet the criteria. - Original Contributions of Major Significance:
The petitioner did not substantiate claims of original contributions of major significance in the field. - Participation as a Judge:
There was no evidence provided showing the petitioner’s participation as a judge of the work of others in his field. - Membership in Associations:
The petitioner did not meet the criteria for membership in associations that require outstanding achievements. - Authorship of Scholarly Articles:
The petitioner did not provide adequate proof of authorship of scholarly articles in professional or major trade publications. - Leading or Critical Role:
There was insufficient evidence to show that the petitioner had performed in a leading or critical role for organizations or establishments with a distinguished reputation. - Artistic Exhibitions or Showcases:
No evidence was provided regarding exhibitions or showcases. - Evidence of High Salary or Remuneration:
The petitioner did not provide documentation of a high salary or other significantly high remuneration for services. - Commercial Successes in the Performing Arts:
There was no evidence of commercial successes in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
The petitioner pointed to an award received in 2005, but it was not considered a one-time achievement of national or international recognition as required by the regulations.
Published Materials About the Petitioner:
The materials cited did not meet the standard for published material about the petitioner in major media.
Original Contributions of Major Significance:
The petitioner’s claims were not supported by substantial evidence to demonstrate major significance.
Participation as a Judge:
No verifiable evidence was provided.
Membership in Associations:
The petitioner did not provide evidence of membership in associations that require outstanding achievements.
Authorship of Scholarly Articles:
The documentation provided did not meet the necessary standards for authorship of scholarly articles.
Leading or Critical Role:
The petitioner did not substantiate a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
No relevant evidence was provided.
Evidence of High Salary or Remuneration:
The petitioner did not document a high salary or significant remuneration.
Commercial Successes in the Performing Arts:
No evidence of commercial success was provided.
Supporting Documentation
- Form I-290B Submission:
A USPS receipt showing the form was mailed on August 3, 2021. - Previous Decisions:
Repeated arguments and documents from earlier appeals and motions.
Conclusion
Final Determination: The appeal remains dismissed, and the underlying petition is denied.
Reasoning: The petitioner failed to meet the evidentiary criteria necessary for classification as an individual of extraordinary ability. The arguments presented were not new and did not provide substantial evidence to overturn previous decisions.
Next Steps: The petitioner may consider seeking further legal advice to understand the requirements better and gather stronger evidence if contemplating future motions or petitions.
