Date of Decision: April 12, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Performing Artist
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petitioner did not meet any criteria as required for reopening or reconsideration.
Criteria Not Met:
Sustained National or International Acclaim: The petitioner failed to provide sufficient documentation to prove extraordinary ability.
Recognition in the Field: The petition lacked evidence of the petitioner’s recognition in their field through extensive documentation.
Incorrect Application of Law: The petitioner did not establish that the decision was based on an incorrect application of law or USCIS policy.
Timely Filing: The motion to reopen was filed 77 days after the service date of the unfavorable decision, making it untimely.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of awards or prizes won.
Published Materials About the Petitioner:
No published materials about the petitioner were provided as evidence.
Original Contributions of Major Significance:
The petitioner failed to demonstrate original contributions of major significance in the field of arts.
Participation as a Judge:
There was no evidence of participation as a judge of the work of others in the same or allied fields.
Membership in Associations:
No evidence was provided showing membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles:
The petitioner did not present evidence of authorship of scholarly articles in the field.
Leading or Critical Role Performed:
No documentation was provided to prove the petitioner played a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
The petition did not include evidence of the petitioner’s work being displayed at artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
No evidence was presented demonstrating the petitioner’s high salary or remuneration in relation to others in the field.
Commercial Successes in the Performing Arts:
There was no documentation provided to prove commercial successes in the performing arts.
Supporting Documentation
Form I-290B, Notice of Appeal or Motion: Filed incorrectly as an appeal and later filed as a motion to reopen.
Initial Decision by Nebraska Service Center: Denial of the petition.
Dismissal of Appeal: Dismissed due to improper filing.
Motion to Reopen: Filed untimely and without new facts or pertinent precedent decisions.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were both denied.
Reasoning: The petitioner failed to provide new facts, pertinent precedent decisions, or legal authority to support the motion to reopen or reconsider. The motions did not meet the applicable requirements and were filed untimely.
Next Steps: The petitioner should ensure that future filings are timely and include all necessary documentation and evidence to support the claims of extraordinary ability.
