Date of Decision: February 11, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Associate Director of a Seed Capital and Entrepreneurial Business
Field: Entrepreneurial Business and Research Management
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the work of others: The beneficiary served as a guest associate editor for a scientific journal and reviewed papers related to research topics.
Authorship of scholarly articles: The beneficiary authored scholarly articles in professional publications.
Leading or critical role: The beneficiary’s position with the petitioner, a distinguished organization, fulfills this criterion.
Criteria Not Met:
Media coverage: The petitioner did not demonstrate that the beneficiary received significant media attention for her work.
Impact and recognition: The petitioner did not establish that the beneficiary’s work led to sustained national or international acclaim.
Key Points from the Decision
Awards and Prizes Won: Not applicable in this case
Published Materials About the Petitioner:
The beneficiary authored eight articles from 2009 to 2015. However, the petitioner did not show that this publication record is consistent with having a “career of acclaimed work.”
Original Contributions of Major Significance:
The petitioner did not establish how the beneficiary’s work qualified as a contribution of major significance in the field.
Participation as a Judge:
The petitioner provided evidence that the beneficiary judged the work of others, but did not establish that this judging experience places her among the top of her field.
Membership in Associations: Not specified in the document
Authorship of scholarly articles:
The petitioner did not demonstrate that the beneficiary’s authorships reflect being among the small percentage at the very top of her field.
Leading or critical role performed:
The petitioner did not show that the beneficiary’s role resulted in widespread acclaim from her field.
Artistic Exhibitions or Showcases: Not applicable in this case
Evidence of High Salary or Remuneration: Not specified in the document
Commercial successes in the Performing Arts: Not applicable in this case
Supporting Documentation
The petitioner submitted recommendation letters, evidence of scholarly articles, and evidence of judging work. However, the evidence did not sufficiently demonstrate sustained national or international acclaim.
Conclusion
Final Determination: Appeal dismissed
Reasoning:
The petitioner did not demonstrate the beneficiary’s eligibility as an individual of extraordinary ability. The evidence provided did not establish that the beneficiary has garnered sustained national or international acclaim and is among the small percentage at the top of her field.
Next Steps:
The petitioner may consider submitting additional evidence or exploring other visa classifications for which the beneficiary may be eligible.
