Date of Decision: JUNE 7, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Public Policy Creative
Field: Creativity as it relates to public policy
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Original Contributions of Major Significance: The petitioner referenced a change to an organization’s constitution attributed to his work, impacting over 36,000 youths. However, the significance and impact of this contribution lacked corroborative evidence in the record.
Criteria Not Met:
- Published Materials About the Petitioner: The petitioner noted a book he authored received praise, indicating respect within the field. However, the evidence did not demonstrate a significant impact on the field.
Key Points from the Decision
Original Contributions of Major Significance:
- The petitioner’s efforts resulted in a constitutional amendment within a specific organization, purportedly affecting a large group. Nevertheless, the evidence provided failed to sufficiently support the claimed impact or significance.
Supporting Documentation
- Letters of Support: Various letters praising the petitioner’s work were submitted, including one mentioning a book he authored. The adjudicators acknowledged the praise but found it insufficient to prove significant impact.
Conclusion
Final Determination: The appeal and motions to reconsider were denied due to untimeliness and insufficient evidence to overturn the initial decision. The petitioner failed to meet the required evidentiary criteria for extraordinary ability classification.
Reasoning: The decisions made at each stage—initial denial, appeal dismissal, and motions to reconsider—were based on a thorough review of the evidence, which did not demonstrate eligibility for the classification sought.
Next Steps: The petitioner may consider gathering more substantial and corroborative evidence of his contributions’ significance and impact if reapplying.