Date of Decision: January 11, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Mechanical Engineering Technical Specialist
- Field: Mechanical Engineering
- Nationality: Not specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified in the document.
Criteria Not Met:
- Criterion 1: Documentation of a one-time achievement or evidence that meets at least three of the ten regulatory criteria listed under 8 C.F.R. § 204.5(h)(3)(i)-(x).
The petitioner failed to meet the initial evidentiary requirements.
Key Points from the Decision
Awards and Prizes Won:
No specific awards or prizes mentioned.
Published Materials About the Petitioner:
No specific publications mentioned.
Original Contributions of Major Significance:
No specific contributions mentioned.
Participation as a Judge:
No specific instances mentioned.
Membership in Associations:
No specific memberships mentioned.
Authorship of Scholarly Articles:
No specific articles mentioned.
Leading or Critical Role Performed:
No specific roles mentioned.
Artistic Exhibitions or Showcases:
Not applicable for this field.
Evidence of High Salary or Remuneration:
Not mentioned.
Commercial Successes in the Performing Arts:
Not applicable for this field.
Supporting Documentation
The decision references multiple filings and motions, but specific supporting documents are not detailed in the provided excerpt.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were both dismissed.
Reasoning:
The petitioner did not address the most recent dismissal from May 2022 adequately and did not provide new facts or demonstrate an incorrect application of law or USCIS policy. The petitioner’s arguments were focused on previous decisions rather than the most recent one, which is a necessary step for consideration.
Next Steps:
- The petitioner may consider filing a new petition to possibly receive a favorable decision.
- Address the specific deficiencies noted in the May 2022 decision if filing any further motions.
By understanding the detailed requirements and addressing specific deficiencies noted in past decisions, petitioners can better prepare for a successful application under the EB1 Extraordinary Ability classification.
