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아래의 거절 편지 전문이구요.. 변호사는 위드드로 하고 다시 시작하자고 합니다.. 편지의 내용이 좀 의심하고 있다고 하는데… 도대체 뭘 의심하고 있는것인지 모르겠습니다. 전문가나 고수님들의 의견을 부탁드립니다..
시간의 얼마 없어서… 빨리 결정을 해야 하는데… 도대체 어찌 해야 할찌..
전 부족분을 가능한 채워서 계속 진행해보고 싶은데… 변호사는 심사관을 잘못만난것 같아서 거절될 확률이 많으니.. 다시 시작하자합니다…도와 주세요.. ㅠㅠ
NOTICE OF INTENT TO DENY
Reference is made to Immigrant Petition for Alien Worker (Form I-140) filed on January 24, 2008, in accordance with Section 203(b)(1)(A) of the Immigration and Nationality Act [INA § 203(b)(1)(A)]. After consideration, it is the intent of U.S. Citizenship and Immigration Services (USCIS) to deny Form I-140.This notice serves as the petitioner’s opportunity to provide evidence to overcome the deficiencies of the visa petition. The classification of an alien with extraordinary ability is reserved for those individuals who have reached the apex of their field of expertise but does not guarantee grant of the classification for the merepresence or existence of work in the area of ability.
USCIS has reviewed the petitioner’s evidence and found the visa petition deficient in its filing for the following reasons.
One-Time Achievement or Major,Internationally-Recognized Award.
8C.F.R. § 204.5(h)(3) states, in pertinent part:
A petition for and alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his achievements have been recognized in the field of expertise.
Such evidence shall include evidence of a one-time achievement (that is,a mojor, internationally recognized award….In ths case, the petitioner has submitted no evidence that she has received any type of one-time internationally-recognized award or achievement. Therefore, the criterion for a one-time achievement or major, internationally-recognized award has not been met.
3 out of Criteria
8 C.F.R. § 204.5(h)(3) states, in pertinent part:
A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his achievements have been recognized in the field of expertise. Such evidence shall include[…] at least three of the following:
(i) Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
In this case, the petitioner has submitted evidence of various dance awards received. However, the awards submitted are from elementary and high school. This is not considered to be evidence of receipt of lesser (inter)nationally-recognized awards. Therefore, 8 C.F.R. § 204(h)(3)(i) has not been met.(ii) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
In this case, the petitioner has submitted no evidence of her membership in associations judged by (inter)nationally-recognized experts in her field of specialization. Therefore, 88 C.F.R. § 204.5(h)(3)(ii) has not been met.
(iii) Published material about the alien in professional or major trade publications or other major media, relation to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
In this case, the petitioner has submitted no evidence of published material about her in major trade publication. Therefore, 88 C.F.R. § 204.5(h)(3)(ii) has not been met.
(iv) Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or and allied field of specialization for which classification is sought;
In this case, the petitioner has submitted no evidence of her participation as judge of others’ work in her field of dance. Therefore, 88 C.F.R. § 204.5(h)(3)(ii) has not been met.
(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contribution of major significance in the field;
In this case, the petitioner has submitted evidence of dance performances play list from the theatre production and dance companies she has danced for. However, these play list fail to establish that she contributed any major artistic contribution. Therefore, 88 C.F.R. § 204.5(h)(3)(ii) has not been met.
(vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
In this case, the petitioner has submitted no evidence of her published material as as primary author in a major trade publication. Therefore, 88 C.F.R. § 204.5(h)(3)(ii) has not been met.
(vii) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
In this case, the petitioner has submitted of different dance performance list that she has danced with. However, these performances fail to establish her as an individual but rather as a member of a dance group. Therefore, 88 C.F.R. § 204.5(h)(3)(ii) has not been met.
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
In this case, the petitioner has submitted the dance performance list that she participated with in various productions. However, these performance lists fail to establish she was the lead dancer to lead these performances. Therefore, 88 C.F.R. § 204.5(h)(3)(ii) has not been met.
(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
In this case, the petitioner has submitted no evidence that she commands a significantly high salary or remuneration to others in her field of dance. Therefore, 88 C.F.R. § 204.5(h)(3)(ii) has not been met.
(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
In this case, the petitioner has submitted no evidence of her commercial success in the performing arts. Therefore, 88 C.F.R. § 204.5(h)(3)(ii) has not been met.
In reviewing an immigrant visa petition,USCIS must consider the extent of the documentation furnished and the credibility of that documentation as a whole. See matter of Izdebska, 12 I&N Dec. 54 (Reg. Comm. 1966). In matter of Branigan, 11 I&N Dec. 493 (BIA 1966), the Board of Immigration appeals held that in visa petition proceedings the burden of proof establishing eligibility for the benfit sought rests with the petitioner.
The evidence submitted in this visa petition fails to establish eligibility as an alien of extraordinary ability.
The petitioner is instructed to provide documentary evidence to correct the deficient visa petition in accordance with the findings expressed in this notice. In ther alternative, the petitioner may also withdraw this visa petition by submitting a letter requesting to withdraw the visa petition.
If the petitioner chooses to pursue a subsequent Form I-140 under ther appropriate 2nd preference or 3rd preference filing, please visit the USCIS website http://www.uscis.gov for more information.