Date of Decision: March 10, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Not specified
Field: Not specified
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Rejected
Evidentiary Criteria Analysis
Criteria Met:
None met.
Criteria Not Met:
Criterion 1: The petitioner failed to provide sufficient documentation to meet the required evidentiary criteria. The petitioner was only able to satisfy two out of the ten criteria, where at least three are required.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: Not applicable
Published Materials About the Petitioner:
- Summary of findings: Not applicable
Original Contributions of Major Significance:
- Summary of findings: Not applicable
Participation as a Judge:
- Summary of findings: Not applicable
Membership in Associations:
- Summary of findings: Not applicable
Authorship of Scholarly Articles:
- Summary of findings: Not applicable
Leading or Critical Role Performed:
- Summary of findings: Not applicable
Artistic Exhibitions or Showcases:
- Summary of findings: Not applicable
Evidence of High Salary or Remuneration:
- Summary of findings: Not applicable
Commercial Successes in the Performing Arts:
- Summary of findings: Not applicable
Supporting Documentation
- Form I-140: Immigrant Petition for Alien Worker
- Form I-290B: Notice of Appeal or Motion
- Form G-28: Notice of Entry of Appearance as Attorney or Accredited Representative (missing in the appeal process)
Conclusion
Final Determination: The appeal is rejected.
Reasoning: The primary reason for rejection was the failure to submit a properly executed Form G-28 with the appeal, leading to the consideration that the petitioner was self-represented. Moreover, the form lacked the required signature from an authorized signatory, invalidating the appeal. The petitioner did not meet the minimum number of criteria to qualify for extraordinary ability classification.
Next Steps: It is recommended that the petitioner ensures all necessary documentation is correctly submitted in future filings, including a properly executed Form G-28, and reviews the evidentiary criteria thoroughly to ensure compliance.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20577737
MAR102022_03B2203