USCIS Appeal Review: EB1 Extraordinary Ability Case
Date of Decision: April 10, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Micropigmentation Specialist
Field: Arts (Makeup Artistry)
Nationality: [Not specified in the provided text]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The document does not specify any criteria that were met by the petitioner.
Criteria Not Met:
- Major, Internationally Recognized Prize or Award: The petitioner did not establish that they received a major, internationally recognized prize or award.
- At least Three of the 10 Criteria at 8 C.F.R. § 204.5(h)(3): The petitioner did not satisfy at least three of the 10 criteria required for this classification.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner did not demonstrate receipt of a major, internationally recognized prize or award.
- Key quotes or references: “The record did not establish that the Petitioner either received a major, internationally recognized prize or award, or satisfied at least three of the 10 criteria at 8 C.F.R. § 204.5(h)(3).”
Published Materials About the Petitioner:
- Summary of findings: Not applicable.
- Key quotes or references: None provided.
Original Contributions of Major Significance:
- Summary of findings: Not applicable.
- Key quotes or references: None provided.
Participation as a Judge:
- Summary of findings: Not applicable.
- Key quotes or references: None provided.
Membership in Associations:
- Summary of findings: Not applicable.
- Key quotes or references: None provided.
Authorship of Scholarly Articles:
- Summary of findings: Not applicable.
- Key quotes or references: None provided.
Leading or Critical Role Performed:
- Summary of findings: Not applicable.
- Key quotes or references: None provided.
Artistic Exhibitions or Showcases:
- Summary of findings: Not applicable.
- Key quotes or references: None provided.
Evidence of High Salary or Remuneration:
- Summary of findings: Not applicable.
- Key quotes or references: None provided.
Commercial Successes in the Performing Arts:
- Summary of findings: Not applicable.
- Key quotes or references: None provided.
Supporting Documentation
- Two-page brief: The petitioner submitted a two-page brief that summarized the preponderance of evidence standard but did not introduce new facts or correctly identify errors in law or policy application.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were both dismissed. The petition remains denied.
Reasoning: The petitioner did not provide new facts or demonstrate an incorrect application of law or policy that would warrant reopening or reconsideration of the case.
Next Steps: The petitioner may consider gathering more substantial evidence that clearly meets the criteria outlined in 8 C.F.R. § 204.5(h)(3) and possibly reapplying or seeking further legal advice to strengthen their case.
