Date of Decision: May 27, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professor
Field: Education
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified in detail.
Criteria Not Met:
The petitioner’s evidence and arguments were not sufficient to overturn the initial decision. Specific criteria details were not disclosed, but the decision referenced general inadequacies in meeting the burden of proof for extraordinary ability.
Key Points from the Decision
The appeal emphasized procedural and legal arguments rather than substantive evidence of extraordinary ability. The petitioner compared their situation to another case involving a competitive athlete, which was not deemed analogous.
Supporting Documentation
The petitioner provided various documents, including prior AAO decisions and communications from USCIS, but these did not successfully demonstrate eligibility under the extraordinary ability category.
Conclusion
Final Determination: The motion to reconsider the denial of the Form I-140 petition was denied due to insufficient evidence of extraordinary ability in the field of education.
Reasoning: The petitioner failed to demonstrate extraordinary ability through sustained acclaim and significant contributions to the field of education.
Next Steps: No further action recommended as the motion to reconsider was denied.
