Date of Decision: June 15, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Accountant
Field: Business
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petition did not meet any of the criteria according to the USCIS review.
Criteria Not Met:
Membership in Associations: The petitioner claimed membership in an association but did not demonstrate that it required outstanding achievements judged by recognized national or international experts. The evidence did not show that membership was based on outstanding achievements.
Published Material About the Petitioner: The petitioner did not identify specific published material about him in professional or major trade publications or other major media.
Judging the Work of Others: The petitioner provided evidence of his professional judgment in creating reports and assessments but did not demonstrate that he served as an objective judge of others’ work in his field.
Authorship of Scholarly Articles: The petitioner submitted an article but did not provide a properly certified translation, and the record did not establish that the article was published in a major trade publication or other major media.
Leading or Critical Role: The petitioner claimed a leading role but did not provide sufficient objective evidence to establish the distinguished reputation of the organizations he worked for or the critical nature of his role.
High Salary or Remuneration: The petitioner claimed a high salary but did not provide sufficient evidence to demonstrate that his salary was significantly high compared to others in the field. The evidence provided included discrepancies that called into question the reliability of the salary information.
Key Points from the Decision
Awards and Prizes Won: The petitioner did not present evidence of nationally or internationally recognized awards for excellence in the field.
Published Materials About the Petitioner: The material provided did not qualify as major media coverage. The petitioner did not establish that the publications discussing his work were major trade publications.
Original Contributions of Major Significance: The letters from colleagues and evidence of citations did not sufficiently demonstrate that the petitioner’s contributions were of major significance. While his work was recognized, it was not shown to have a transformative impact on the field.
Participation as a Judge: No evidence was provided that the petitioner served as a judge in their field.
Membership in Associations: The petitioner’s claimed memberships did not meet the criterion of requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles: The petitioner did not provide evidence of authoring scholarly articles in major publications.
Leading or Critical Role Performed: The petitioner did not demonstrate holding a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: The petitioner did not demonstrate a high salary in the field.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
The documentation included letters from colleagues, copies of published articles, evidence of manuscript reviews, and citation records. However, much of the evidence did not meet the necessary criteria to demonstrate extraordinary ability.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria. The totality of the evidence did not support a finding of sustained national or international acclaim or that the petitioner is among the small percentage at the very top of their field.
Next Steps: The petitioner may consider gathering more substantial evidence of individual achievements and acclaim within the field, focusing on personal awards, critical reviews, and documented contributions of major significance to strengthen future petitions.
