Date of Decision: March 23, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Restaurant
Field: Culinary Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petition did not provide sufficient evidence to meet any of the required criteria for extraordinary ability.
Criteria Not Met:
Original Contributions: No evidence was provided to demonstrate original contributions of major significance in the field of culinary arts.
Authorship of Scholarly Articles: The petitioner did not provide any scholarly articles authored by the beneficiary.
Membership in Associations: No evidence was submitted showing membership in associations that require outstanding achievements of their members.
Published Materials About the Petitioner: The record lacks published material about the beneficiary in professional or major trade publications or other major media.
Participation as a Judge: There was no evidence provided that the beneficiary has been asked to judge the work of others in the culinary field.
Evidence of High Salary: The petitioner did not provide evidence of a high salary or significantly high remuneration compared to others in the field.
Awards and Prizes: No evidence of nationally or internationally recognized prizes or awards was submitted.
Artistic Exhibitions or Showcases: There was no documentation of exhibitions or showcases demonstrating the beneficiary’s artistic work.
Leading or Critical Role: The petitioner did not submit evidence that the beneficiary played a leading or critical role for organizations or establishments with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
The decision notes the absence of evidence for nationally or internationally recognized prizes or awards for excellence in the culinary field.
Published Materials About the Petitioner:
The petitioner did not provide any published materials about the beneficiary in major media or trade publications.
Original Contributions of Major Significance:
The petitioner failed to provide evidence demonstrating the beneficiary’s original contributions of major significance to the field of culinary arts.
Participation as a Judge:
There was no documentation showing that the beneficiary has participated as a judge of the work of others in the same or an allied field of specialization.
Membership in Associations:
The petition did not include evidence of membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles:
The beneficiary did not have any scholarly articles published in professional or major trade publications or other major media.
Leading or Critical Role Performed:
The petitioner did not demonstrate that the beneficiary has performed in a leading or critical role for organizations or establishments with a distinguished reputation.
Artistic Exhibitions or Showcases:
There was no evidence provided of exhibitions or showcases demonstrating the beneficiary’s artistic work.
Evidence of High Salary or Remuneration:
The petitioner did not submit evidence of a high salary or significantly high remuneration compared to others in the field.
Commercial Successes in the Performing Arts:
No documentation was provided to demonstrate commercial successes in the performing arts.
Supporting Documentation
The petition did not include any supporting documents that fulfilled the evidentiary criteria for demonstrating extraordinary ability.
Conclusion
Final Determination: The motions to reopen and reconsider the case were denied due to untimely filing.
Reasoning: The petitioner failed to provide a valid reason for the delay in filing the motions. The absence of a properly executed Form G-28 for the petitioner’s attorney was noted, and the petitioner’s delay was not considered reasonable or beyond their control.
Next Steps: The petitioner may consider re-filing the petition with appropriate evidence and ensuring timely submission of all required forms and documentation.
