Date of Decision: NOV. 14, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Associate Creative Director
Field: Advertising
Nationality: Argentinian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge:
The petitioner provided evidence that the beneficiary participated as a member of the jury in the “Direct Marketing” category at the 2006 awards sponsored by the I I.
High Salary or Remuneration:
The petitioner provided evidence that the beneficiary’s annual salary of $147,000 was significantly higher compared to others in the same field.
Criteria Not Met:
Awards and Prizes:
The petitioner claimed eligibility based on several awards, but did not demonstrate that the specific awards the beneficiary received are nationally or internationally recognized for excellence in the field.
Published Material:
The petitioner did not provide sufficient evidence that the published material about the beneficiary was related to his work in the field.
Leading or Critical Role:
While the petitioner provided letters and evidence of the beneficiary’s roles, it did not establish that these roles were leading or critical to the organizations.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings:
The petitioner claimed several awards, such as Silver Lion, Bronze Lion, and others from various festivals. However, it failed to demonstrate the national or international recognition of these specific awards.
Key Quotes or References:
- “The petitioner did not establish that the specific awards the beneficiary received are nationally or internationally recognized for excellence in the field.”
Published Materials About the Petitioner:
Summary of Findings:
The petitioner submitted articles and interviews, but these did not relate to the beneficiary’s work in the field.
Key Quotes or References:
- “While this article clearly features the beneficiary, it does not relate to his work in the field as required by this regulation.”
Leading or Critical Role Performed:
Summary of Findings:
The petitioner provided evidence of the beneficiary’s roles, but it did not sufficiently demonstrate that these roles were leading or critical.
Key Quotes or References:
- “The letter identifies the two main clients with which the beneficiary has worked but does not include detailed, probative information demonstrating the specific nature of his role with the business or the associated outcomes.”
Evidence of High Salary or Remuneration:
Summary of Findings:
The petitioner provided sufficient evidence that the beneficiary’s salary met this criterion.
Key Quotes or References:
- “After evaluating the submitted comparative salary information, we find that the beneficiary’s $147,000 salary meets this criterion.”
Supporting Documentation
- IRS Form W-2: Provided evidence of the beneficiary’s salary.
- Letters from Employers: Provided evidence of the beneficiary’s roles and contributions, but lacked detailed and probative information.
- Media Kits and Articles: Provided evidence of awards and recognition, but failed to establish their national or international significance.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the ten criteria required for the EB-1 classification. The evidence provided did not demonstrate the beneficiary’s sustained national or international acclaim or that he is among the small percentage at the top of his field.
Next Steps:
The petitioner may consider gathering more comprehensive and probative evidence of the beneficiary’s extraordinary ability and reapplying or exploring other visa classifications that may be more appropriate.
