Date of Decision: October 26, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Opera Singer
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None listed
Criteria Not Met:
- Timely filing of motion
Key Points from the Decision
Awards and Prizes Won
- No specific awards or prizes mentioned.
Published Materials About the Petitioner
- No published materials referenced.
Original Contributions of Major Significance
- No original contributions detailed.
Participation as a Judge
- No participation as a judge noted.
Membership in Associations
- No memberships in associations listed.
Authorship of Scholarly Articles
- No scholarly articles mentioned.
Leading or Critical Role Performed
- No leading or critical roles described.
Artistic Exhibitions or Showcases
- No artistic exhibitions or showcases highlighted.
Evidence of High Salary or Remuneration
- No evidence of high salary or remuneration provided.
Commercial Successes in the Performing Arts
- No commercial successes in the performing arts detailed.
Supporting Documentation
- Form I-290B: Filed as an appeal to the AAO.
- Issue: Filed 34 days after the service date of the unfavorable decision, which is beyond the 33-day filing limit.
- Initial Rejection: Initially rejected for being sent to an improper filing location but was treated as filed on September 14, 2016.
Conclusion
Final Determination: Denied due to untimely filing.
Reasoning: The petitioner’s motion was filed one day late, and thus does not meet the filing deadline of 33 days from the decision date.
Next Steps: Ensure future motions are filed within the specified timeframe to avoid denial based on untimely filing.
