Date of Decision: January 15, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Accountant and Business Operations Manager
Field: Business and Accounting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
- None
Criteria Not Met
- High Salary or Other Significantly High Remuneration (8 C.F.R. § 204.5(h)(3)(ix)): The petitioner submitted payroll records and a letter from her employer showing her monthly salary as a regional accounting manager. Comparative statistics for accountants in Kazakhstan showed her earnings exceeded the national average for accountants. However, the AAO found her position was not solely that of an accountant but also a management role overseeing six regional offices and personnel. Because the salary comparison data was limited to accountants and did not account for her managerial responsibilities, it was deemed inapplicable. Thus, the evidence did not establish that she commanded a salary high relative to others in her actual field.
- Membership in Associations (8 C.F.R. § 204.5(h)(3)(ii)): Claimed but not evaluated, as the petitioner failed to reach three criteria overall.
- Leading or Critical Role in Distinguished Organizations (8 C.F.R. § 204.5(h)(3)(viii)): Claimed but not evaluated, for the same reason.
Key Points from the Decision
- Comparative Data Mismatch: Salary evidence compared her compensation to accountants, while her role included broader managerial responsibilities.
- Reserved Criteria: Membership and leadership claims were not analyzed since failure on the salary criterion meant the petitioner could not reach the required three criteria.
- Threshold Failure: Without demonstrating at least three criteria, the petition could not move forward to a final merits determination.
- Sustained Acclaim Not Established: The record did not demonstrate recognition consistent with the very top of the accounting or business operations field.
Final Merits Determination
The AAO dismissed the appeal. The petitioner did not meet the threshold of three criteria, and the record overall did not establish sustained national or international acclaim or show that she belongs to the small percentage at the very top of her field.
Supporting Documentation
- Salary Evidence: Payroll documents (2022–2023), employer letter, and salary statistics for accountants in Kazakhstan.
- Membership Evidence: Claimed but not analyzed.
- Leadership Evidence: Claimed but not analyzed.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner failed to establish at least three qualifying criteria, and her salary evidence was not applicable to her actual role. The record did not demonstrate sustained acclaim required for EB-1 classification.
