Date of Decision: MAR. 16, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Multimedia Designer
Field: Multimedia Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Not specified in the document
Criteria Not Met:
- Major, Internationally Recognized Award: The petitioner did not meet the requirement of having received a major, internationally recognized award.
- Meeting Three of the Criteria under 8 C.F.R. § 204.5(h)(3): The petitioner failed to meet at least three of the ten listed criteria necessary for classification as an alien of extraordinary ability.
Key Points from the Decision
Awards and Prizes Won: Not applicable.
Published Materials About the Petitioner: Not applicable.
Original Contributions of Major Significance: Not applicable.
Participation as a Judge: Not applicable.
Membership in Associations: Not applicable.
Authorship of Scholarly Articles: Not applicable.
Leading or Critical Role Performed: Not applicable.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: Not applicable.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
The petitioner’s documentation did not adequately demonstrate eligibility for the requested classification. Key documents included:
- Motion on Administrative Appeals Decision: Details the procedural history and basis for the denial.
- USCIS Guidance Emails: Provided context for COVID-19-related filing flexibilities but did not support an extension beyond 60 days.
Conclusion
Final Determination:
The motions to reopen and reconsider were dismissed.
Reasoning:
The petitioner did not establish that the previous decision was incorrect based on the evidence of record or that there was a misapplication of relevant policy or law. Furthermore, the new facts submitted did not overcome the grounds for dismissal of the previous motion.
Next Steps:
The petitioner may consider gathering more comprehensive evidence to meet the required criteria or seek alternative immigration options.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 17561866
MAR162022_02B2203
