remanded
EB-1A
remanded EB-1A Case: Unknown
Decision Summary
The Director's decision was withdrawn and the case was remanded for further consideration. The AAO determined that the specific facts of the case warranted allowing the Director to consider new evidence submitted with the appeal and issue a new decision.
Criteria Discussed
Major Internationally Recognized Award At Least Three Of Ten Regulatory Criteria
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date: JAN. 10, 2025 In Re: 35172507 Appeal of Nebraska Service Center Decision Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) The Petitioner seeks classification as an alien of extraordinary ability. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. ยง 1153(b)(l)(A) . This first preference classification makes immigrant visas available to those who can demonstrate their extraordinary ability through sustained national or international acclaim and whose achievements have been recognized in their field through extensive documentation. The Nebraska Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers (petition), concluding the record did not establish that the Petitioner had a major, internationally recognized award, nor did she demonstrate that she met at least three of the ten regulatory criteria. The matter is now before us on appeal under 8 C.F .R. ยง 103 .3. The Petitioner bears the burden of proof to demonstrate eligibility to U.S. Citizenship and Immigration Services by a preponderance of the evidence. Section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). We review the questions in this matter de novo. Matter ofChristo 's Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis. The Petitioner's appeal brief begins requesting we accept new evidence with the appeal due to the situation associated with her underlying petition. The specific facts of this case warrant a remand for the Director to fully consider the record in its entirety, to include the claims and evidence submitted with the appeal. Accordingly, we will remand the matter to the Director for further consideration and issuance of a new decision. The Director may request any additional evidence deemed warranted and should allow the Petitioner to submit additional evidence in support of its position within a reasonable period of time. ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new decision consistent with the foregoing analysis.
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