Date of Decision: January 23, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: [Petitioner’s Profession Not Provided]
Field: [Specific Field of Expertise Not Provided]
Nationality: [Nationality Not Provided]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None Met: The petitioner did not establish that they received a major, internationally recognized award, nor did they demonstrate that they met at least three of the ten regulatory criteria.
Criteria Not Met:
- Major, Internationally Recognized Award: The petitioner did not provide evidence of receiving a major, internationally recognized award.
- Three of the Ten Regulatory Criteria: The petitioner failed to demonstrate that they met at least three of the ten regulatory criteria required for EB1 Extraordinary Ability classification.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not present evidence of winning any major, internationally recognized awards.
Published Materials About the Petitioner:
No evidence was provided or mentioned regarding published materials about the petitioner.
Original Contributions of Major Significance:
The petitioner did not demonstrate original contributions of major significance in their field.
Participation as a Judge:
No evidence was provided regarding participation as a judge of the work of others in the field.
Membership in Associations:
The petitioner did not provide evidence of membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles:
No scholarly articles authored by the petitioner were mentioned.
Leading or Critical Role Performed:
The petitioner did not demonstrate that they performed a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
No evidence was provided of artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The petitioner did not provide evidence of a high salary or other significantly high remuneration.
Commercial Successes in the Performing Arts:
No evidence of commercial successes in the performing arts was mentioned.
Supporting Documentation
The petitioner failed to meet the required evidentiary criteria, and the signature on the appeal form was found to be deficient. The petitioner’s counsel signed both the petitioner’s portion and the preparer’s portion, which led to the appeal being dismissed as improperly filed.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The appeal was dismissed due to a deficient signature and failure to meet the necessary evidentiary criteria.
Next Steps: The petitioner should ensure that all forms are properly signed and consider gathering more comprehensive evidence that meets the regulatory criteria for EB1 Extraordinary Ability classification if they choose to refile or appeal again.
