Date of Decision: January 28, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Administrative Services and Facilities Manager
Field: Business Administration and Operations Management
Nationality: Afghanistan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Claimed
- Lesser Nationally or Internationally Recognized Awards (8 C.F.R. § 204.5(h)(3)(i))
- Judging the Work of Others (8 C.F.R. § 204.5(h)(3)(iv))
- Leading or Critical Role (8 C.F.R. § 204.5(h)(3)(viii)) (reserved issue, not addressed because fewer than three criteria were met)
Criteria Not Met
- Awards: Petitioner submitted several certificates of appreciation and recognition from employers in Afghanistan and abroad. USCIS found these were employer-based commendations for job performance, not nationally or internationally recognized awards for excellence in the field. The record lacked evidence of selection criteria, national scope, or competitive significance.
- Judging: Petitioner claimed eligibility based on supervising and evaluating staff performance in roles such as HR manager, operations specialist, and security compliance evaluator. AAO held these were standard managerial responsibilities, not judging the work of others in the same or allied professional field of administrative services or facilities management as intended by regulation.
Criteria Not Analyzed
- Leading or Critical Role: Because petitioner failed to meet at least three criteria, AAO did not evaluate this claim.
Key Points from the Decision
- Employer Certificates Insufficient: Commendations from employers did not qualify as nationally recognized awards.
- Managerial Oversight Not Judging: Supervisory tasks did not constitute judging within the same or allied field.
- Failure to Establish Threshold: With no qualifying criteria, petitioner failed the initial evidentiary requirement and could not proceed to final merits review.
- Final Observation: While petitioner showed career progression and some professional success, the record did not support the high acclaim required for EB-1 classification.
Final Merits Determination
AAO did not conduct a merits determination because petitioner failed to meet three evidentiary criteria.
Supporting Documentation
- Award Evidence: Employer certificates and commendations (not qualifying).
- Judging Evidence: Supervisory and HR evaluation responsibilities (not qualifying).
- Role Evidence: Claims of critical leadership in operations and facilities management (not evaluated).
Conclusion
Final Determination: Appeal dismissed.
Reasoning: Certificates were not nationally recognized awards, managerial oversight was not judging in the same or allied field, and petitioner failed to establish three criteria.
