remanded EB-1A

remanded EB-1A Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ 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The Director's decision was withdrawn and the case was remanded for further consideration.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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View Full Decision Text
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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