Date of Decision: February 17, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Options Market Consultant and Educator
Field: Financial Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The appeal did not proceed to a detailed analysis of the criteria because it was summarily dismissed due to procedural reasons.
Criteria Not Met:
Awards and Prizes: The petitioner did not provide evidence of a one-time achievement or documents meeting at least three of the ten criteria listed at 8 C.F.R. §§ 204.5(h)(3)(i)-(x).
Original Contributions of Major Significance: The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field.
Membership in Associations: The petitioner did not provide evidence to show that his membership in associations required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles: The petitioner did not establish that his publications were in professional or major trade publications.
Evidence of High Salary or Remuneration: The petitioner’s submitted evidence did not show that he commanded a high salary relative to others in his field.
Leading or Critical Role: The petitioner did not demonstrate that he performed in a leading or critical role for organizations with a distinguished reputation.
Judging the Work of Others: The petitioner did not provide sufficient evidence to establish his role as a judge of the work of others.
Key Points from the Decision
Awards and Prizes Won:
Not applicable due to the summary dismissal.
Published Materials About the Petitioner:
Not applicable due to the summary dismissal.
Original Contributions of Major Significance:
Not applicable due to the summary dismissal.
Participation as a Judge:
Not applicable due to the summary dismissal.
Membership in Associations:
Not applicable due to the summary dismissal.
Authorship of Scholarly Articles:
Not applicable due to the summary dismissal.
Leading or Critical Role Performed:
Not applicable due to the summary dismissal.
Artistic Exhibitions or Showcases:
Not applicable due to the summary dismissal.
Evidence of High Salary or Remuneration:
Not applicable due to the summary dismissal.
Commercial Successes in the Performing Arts:
Not applicable due to the summary dismissal.
Supporting Documentation
- Statement of Appeal: The petitioner did not provide a statement in support of the appeal that specifically identified an erroneous conclusion of law or fact.
- Form I-290B: The petitioner stated that a brief or additional evidence would be submitted within 30 days of filing, but nothing further was received.
Conclusion
Final Determination: The appeal was summarily dismissed.
Reasoning: The petitioner failed to identify specifically any erroneous conclusion of law or statement of fact in the Director’s decision. Additionally, no further evidence or brief was submitted within the specified timeframe.
Next Steps: The petitioner should consider reapplying with a detailed statement and additional evidence to support the appeal, or explore other visa categories that may better suit their qualifications and achievements.
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