Date of Decision: February 16, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Industrial Designer
Field: Arts
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Revoked
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Criterion: [Description not provided in the document]
- Criterion: [Description not provided in the document]
- Criterion: [Description not provided in the document]
Criteria Not Met:
- Major Award: The Petitioner did not establish that he had won a major, internationally-recognized award in his field.
- Documentation Meeting Three Criteria: The record lacks complete documentation to support the Petitioner’s eligibility based on three of the ten criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x).
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner failed to prove he had won a major, internationally-recognized award.
Published Materials About the Petitioner:
- [Not specified in the document]
Original Contributions of Major Significance:
- [Not specified in the document]
Participation as a Judge:
- [Not specified in the document]
Membership in Associations:
- [Not specified in the document]
Authorship of Scholarly Articles:
- [Not specified in the document]
Leading or Critical Role Performed:
- [Not specified in the document]
Artistic Exhibitions or Showcases:
- [Not specified in the document]
Evidence of High Salary or Remuneration:
- [Not specified in the document]
Commercial Successes in the Performing Arts:
- [Not specified in the document]
Supporting Documentation
The document indicates the Petitioner originally submitted a 13-page brief and several supporting documents. However, the record is incomplete, lacking complete copies of these documents.
Conclusion
Final Determination: The Director’s decision is withdrawn and the case is remanded for a new decision.
Reasoning: The Director did not receive the response to the Notice of Intent to Revoke (NOIR) due to a mailing error by the Petitioner. The record is incomplete, and the Director must ensure all relevant evidence is included before making a new decision.
Next Steps
- The Director should identify and incorporate any missing documents.
- If the record cannot be supplemented with the missing materials, a new NOIR should be issued.
- The Petitioner should be granted a reasonable opportunity to respond to the new NOIR.
- Upon receipt of a timely response, the Director should review the entire record and issue a new decision.
This structured format highlights the key elements of the USCIS appeal review decision, providing a clear and comprehensive summary for readers interested in immigration law and extraordinary ability cases.
