EB-1 Extraordinary Ability USCIS Appeal Review – Sound Engineer and Technical Director – MAR282023_01B2203

Date of Decision: March 28, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Sound Engineer and Technical Director
Field: Sound Engineering and Technical Direction
Nationality: [Not Provided]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

1. Published Materials: Submitted articles about the petitioner’s patent.
2. Employment Contracts: Provided evidence of the petitioner’s position as senior sound director.

Criteria Not Met:

1. Major, Internationally Recognized Award: No evidence of a one-time major achievement.
2. Membership in Associations: New evidence provided but not considered relevant under the claimed criteria.
3. New Facts: No new facts introduced, only previously submitted information reasserted.

Key Points from the Decision

Awards and Prizes Won: Not applicable
Published Materials About the Petitioner: Articles about the petitioner’s patent were submitted but not previously undiscovered facts.
Original Contributions of Major Significance: No evidence provided
Participation as a Judge: Not applicable
Membership in Associations: Membership in a relevant association provided on motion but not explained in context.
Authorship of Scholarly Articles: Not applicable
Leading or Critical Role Performed: Employment as a senior sound director provided but insufficient.
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable

Supporting Documentation

1. Statement by the Petitioner: Reiterates previously stated facts.
2. Article About Patent: Describes patent details but does not introduce new facts.
3. Employment Contract: Confirms position as senior sound director but was already part of the initial submission.
4. Membership Charter and Minutes: Provides new evidence of association membership but not previously claimed.
5. Employment Confirmation Letter: Confirms employment details but already provided in initial petition.

Conclusion

Final Determination: The motion to reopen and reconsider was dismissed.
Reasoning: The petitioner failed to provide new facts or evidence that the prior decision was based on an incorrect application of law or policy. The petitioner also did not meet the burden of proof required to demonstrate eligibility for the immigration benefit sought.

Next Steps:

1. The petitioner may consider submitting a new Form I-140 with new and substantial evidence.
2. Ensure any new petition addresses all eligibility criteria with clear and substantial evidence.
3. Seek legal advice to better understand the specific requirements and strengthen the petition.

Download the Full Petition Review Here.