Date of Decision: November 21, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Social Work Coordinator
Field: Social Work Coordination
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
No criteria were explicitly stated as met in the document.
Criteria Not Met
Criterion: New Facts to Warrant Reopening
Description: The Petitioner did not provide new evidence significant enough to change the outcome if the proceedings were reopened.
Criterion: Incorrect Application of Law or USCIS Policy
Description: The Petitioner did not demonstrate that the prior decision was based on an incorrect application of law or USCIS policy.
Criterion: Timeliness and Justification for Delay
Description: The Petitioner did not justify the filing delay as reasonable or beyond control, and did not demonstrate the law firm’s ongoing health challenges effectively prevented timely filing.
Key Points from the Decision
Awards and Prizes Won: The document did not provide information on awards or prizes won by the Petitioner.
Published Materials About the Petitioner: The document did not provide information on published materials about the Petitioner.
Original Contributions of Major Significance: The document did not provide information on the Petitioner’s original contributions of major significance.
Participation as a Judge: The document did not provide information on the Petitioner’s participation as a judge of the work of others.
Membership in Associations: The document did not provide information on the Petitioner’s membership in associations.
Authorship of Scholarly Articles: The document did not provide information on the Petitioner’s authorship of scholarly articles.
Leading or Critical Role Performed: The document did not provide information on any leading or critical role performed by the Petitioner.
Artistic Exhibitions or Showcases: The document did not provide information on the Petitioner’s participation in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration: The document did not provide information on the Petitioner’s high salary or remuneration.
Commercial Successes in the Performing Arts: The document did not provide information on the Petitioner’s commercial successes in the performing arts.
Supporting Documentation
No specific supporting documents were summarized in the decision.
Conclusion
Final Determination: The combined motion to reopen and reconsider is dismissed.
Reasoning: The Petitioner did not provide new significant evidence or demonstrate an incorrect application of law or policy in the prior decision. Furthermore, the Petitioner did not justify the filing delay or establish proper cause for reopening or reconsideration.
Next Steps: The Petitioner should ensure timely submission of motions and provide substantial new evidence or legal arguments to support eligibility.
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