Date of Decision: December 3, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sound Editor and Designer
Field: Sound Editing and Design
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The document does not specify which criteria were met by the petitioner.
Criteria Not Met:
The document does not specify which criteria were not met by the petitioner, focusing instead on procedural issues.
Key Points from the Decision
Awards and Prizes Won:
The document does not provide details on awards or prizes won by the petitioner.
Published Materials About the Petitioner:
The document does not provide details on published materials about the petitioner.
Original Contributions of Major Significance:
The document does not provide details on original contributions of major significance by the petitioner.
Participation as a Judge:
The document does not provide details on the petitioner’s participation as a judge.
Membership in Associations:
The document does not provide details on the petitioner’s membership in associations.
Authorship of Scholarly Articles:
The document does not provide details on the authorship of scholarly articles by the petitioner.
Leading or Critical Role Performed:
The document does not provide details on leading or critical roles performed by the petitioner.
Artistic Exhibitions or Showcases:
The document does not provide details on artistic exhibitions or showcases involving the petitioner.
Evidence of High Salary or Remuneration:
The document does not provide details on evidence of high salary or remuneration for the petitioner.
Commercial Successes in the Performing Arts:
The document does not provide details on commercial successes in the performing arts for the petitioner.
Supporting Documentation
The appeal was rejected primarily due to procedural errors, specifically the improper signing of the Form I-290B and the Form G-28, as well as the original Form I-140 petition.
Conclusion
Final Determination:
The appeal was rejected.
Reasoning:
The appeal was rejected because the Form I-290B, Notice of Appeal or Motion, and the Form G-28, Notice of Entry of Appearance of Attorney or Accredited Representative, were signed by the attorney instead of the petitioner. This invalidated the appeal as the regulations require the petitioner to sign these forms personally, except in specific cases where a legal guardian may sign for the petitioner. Additionally, the original Form I-140 petition was not properly signed by the petitioner, which should have resulted in its rejection at the time of filing.
Next Steps:
The petitioner should ensure that all forms are correctly signed by the appropriate parties in future filings. It is crucial to adhere to USCIS signature requirements to avoid similar procedural rejections. The petitioner may consider re-filing the petition with the correct signatures and addressing any other deficiencies noted in the original decision.
