Date of Decision: JAN. 28, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Accountant and Auditor
Field: Accounting and Auditing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Leading or Critical Role: The petitioner performed in a leading or critical role for organizations with a distinguished reputation, specifically in internal audit capacities.
Criteria Not Met:
- Nationally or Internationally Recognized Prizes or Awards: The petitioner’s community service award was not recognized for excellence in the field of accounting and auditing, lacking both national and international acknowledgment.
- Membership in Associations Requiring Outstanding Achievements: The certifications (CIA, CPA, CFE) did not meet the criteria as the associations did not require outstanding achievements judged by recognized experts.
- Published Material About Petitioner: There was no evidence of publication in professional or major trade publications.
- Participation as a Judge: The petitioner failed to prove participation in judging the work of peers within his field.
- Original Contributions of Major Significance: No evidence supported significant original contributions in the accounting and auditing field.
- High Salary or Remuneration: The compensation received did not significantly exceed the average within the field to meet the criterion.
Key Points from the Decision
- Published Materials About the Petitioner: None of the materials submitted were considered professional or major trade publications.
- Original Contributions of Major Significance: The impact of the petitioner’s work did not advance the field significantly.
- Leading or Critical Role Performed: The petitioner’s role in developing internal audit standards was recognized as a critical contribution.
Supporting Documentation
- The petitioner submitted certifications, letters of employment, and a manual he authored for internal auditing, none of which sufficiently demonstrated eligibility under the regulatory criteria.
Conclusion
Final Determination: The petitioner has not met the burden of proof required to qualify for the EB1 extraordinary ability classification. The appeal is therefore dismissed.
Reasoning: The petitioner failed to meet at least three of the regulatory criteria necessary for demonstrating extraordinary ability in the field of accounting and auditing.
Next Steps: Further documentation or a reevaluation of the case under different criteria might be recommended for future appeals.
