Date of Decision: September 9, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Stage Actor
Field: Performing Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The document does not explicitly mention any criteria met by the petitioner.
Criteria Not Met:
National or International Acclaim: The petitioner did not provide sufficient evidence of sustained national or international acclaim.
Awards and Recognitions: The petitioner failed to present evidence of having received significant awards or recognitions in their field.
Published Materials: There was a lack of published materials about the petitioner in major media.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of significant awards or prizes.
Published Materials About the Petitioner:
There were no published materials submitted that highlighted the petitioner’s achievements or contributions.
Original Contributions of Major Significance:
The petitioner did not demonstrate original contributions of major significance in the field of performing arts.
Participation as a Judge:
There was no evidence provided of the petitioner serving as a judge of the work of others in the same or an allied field.
Membership in Associations:
The petitioner did not present evidence of membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles:
The petitioner did not provide evidence of authorship of scholarly articles in professional journals or other major media.
Leading or Critical Role Performed:
No evidence was provided to show that the petitioner performed in a leading or critical role for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
The petitioner did not present evidence of exhibitions or showcases that demonstrated artistic accomplishments.
Evidence of High Salary or Remuneration:
There was no evidence provided to show that the petitioner commanded a high salary or other significantly high remuneration for services.
Commercial Successes in the Performing Arts:
The petitioner did not demonstrate commercial successes in the performing arts.
Supporting Documentation
The document refers to various exhibits and notices related to the COVID-19 pandemic and the extensions for responding to certain motions and decisions. However, the petitioner’s filing arrived 77 days after the decision, which was beyond the extended 60-day period allowed during the pandemic.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were dismissed as untimely filed.
Reasoning:
The petitioner’s motion was filed 77 days after the decision, beyond the extended 60-day period allowed during the COVID-19 pandemic. The petitioner did not demonstrate that the delay was reasonable and beyond their control.
Next Steps:
The petitioner may consider reapplying with additional and stronger evidence to meet the required criteria or consult with legal counsel to explore further options.
