Date of Decision: September 1, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Multi-media and 3-D Animator
Field: Animation
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
The petitioner did not provide evidence of receipt of a major, internationally recognized award or evidence meeting at least three of the ten initial evidentiary criteria.
The petitioner did not meet the requirements for a motion to reopen or a motion to reconsider.
No new facts or documentary evidence were provided to support the motion to reopen.
The motion to reconsider did not establish incorrect application of law or policy based on the evidence in the record at the time of the decision.
Not applicable
Not applicable
Key Points from the Decision
Awards and Prizes Won:
No major, internationally recognized awards were provided as evidence.
Published Materials About the Petitioner:
Not applicable in this case as no published materials were provided or analyzed.
Original Contributions of Major Significance:
Not applicable as the petitioner did not meet the initial evidentiary criteria.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
Not applicable as no evidence was provided for this criterion.
Authorship of Scholarly Articles:
Not applicable as no scholarly articles were provided as evidence.
Leading or Critical Role Performed:
Not applicable as the petitioner did not meet the initial evidentiary criteria.
Artistic Exhibitions or Showcases:
Not applicable as no evidence was provided for this criterion.
Evidence of High Salary or Remuneration:
Not applicable as no evidence was provided for this criterion.
Commercial Successes in the Performing Arts:
Not applicable as no evidence was provided for this criterion.
Supporting Documentation
The petitioner failed to provide necessary supporting documentation, such as affidavits or new evidence, within the required timeframe for the motion to reopen and reconsider.
Conclusion
Final Determination: The motion to reopen is dismissed. The motion to reconsider is dismissed.
Reasoning:
The petitioner did not meet the requirements for a motion to reopen, which must state new facts supported by affidavits or other documentary evidence.
The petitioner did not meet the requirements for a motion to reconsider, which must state the reasons for reconsideration, be supported by pertinent precedent decisions, and establish incorrect application of law or policy based on the evidence in the record at the time of the decision.
The petitioner failed to provide the required documentation within the stipulated timeframe, leading to the dismissal of both motions.
Next Steps:
The petitioner may consider gathering substantial and relevant evidence that meets the required criteria before filing any future petitions or motions.
Legal consultation could be beneficial to ensure compliance with submission guidelines and strengthen the evidentiary support for the petition.
