Date of Decision: June 27, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Software Architect
Field: Information Technology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
No criteria were successfully met as per the available information.
Criteria Not Met:
Criterion 1: The petitioner did not establish eligibility for classification as an individual of extraordinary ability.
Criterion 2: The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact necessary for an appeal review.
Key Points from the Decision
General Findings:
The Director of the Texas Service Center found that the petitioner did not meet the evidentiary standards required to qualify as an individual of extraordinary ability in the field of Information Technology. The lack of specific error identification in the appeal resulted in summary dismissal.
Noteworthy Quotes:
“The mere filing of a Form I-290B, without specifically identifying an error in the decision, does not trigger an analysis of the criteria or a review of the Director’s decision.”
“As the Petitioner has not specifically identified any erroneous conclusion of law or statement of fact, we must dismiss the appeal.”
Supporting Documentation
Notice of Appeal or Motion (Form I-290B): Indicated an intention to submit further evidence or a brief within 30 calendar days of filing the appeal, which was not fulfilled.
Conclusion
Final Determination: The appeal was summarily dismissed due to non-compliance with the specific requirements for identifying errors in the initial USCIS decision.
Reasoning:
The decision was based on procedural grounds, specifically the petitioner’s failure to provide necessary legal or factual claims against the initial denial within the stipulated timeframe.
Next Steps:
The petitioner may consider re-filing with a complete and specific basis for challenging the initial decision, ensuring all required evidence and a thorough brief are included to substantiate the claims of extraordinary ability.
