Date of Decision: March 19, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Attorney
Field: International Tax Law
Nationality: [Nationality not provided]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Documentation of Membership in Associations: The petitioner claimed membership in an association but failed to provide evidence that the membership required outstanding achievements.
Published Material About the Petitioner: Articles and court decisions cited did not focus on the petitioner or his contributions.
Participation as a Judge: No sufficient evidence was provided to establish that the petitioner judged the work of others.
Original Contributions of Major Significance: Although the petitioner argued high-profile cases, the evidence did not demonstrate original contributions of major significance.
Authorship of Scholarly Articles: The petitioner authored articles published on his law firm’s website, which does not qualify as a major trade publication.
Leading or Critical Role: Insufficient evidence was provided to establish that the petitioner played a leading or critical role in his organizations.
Key Points from the Decision
Awards and Prizes Won: None mentioned.
Published Materials About the Petitioner: Articles and court decisions mentioned the petitioner as counsel but did not focus on him or his contributions.
Original Contributions of Major Significance: The petitioner argued several high-profile cases, but the evidence did not demonstrate that his contributions were original or of major significance.
Participation as a Judge: The petitioner supervised junior attorneys but did not provide evidence of judging the work of others in a recognized capacity.
Membership in Associations: The petitioner’s membership in an association did not require outstanding achievements, as per the evidence provided.
Authorship of Scholarly Articles: The petitioner authored articles on his law firm’s website, which is not considered a major trade publication.
Leading or Critical Role: The petitioner held a position as senior standing counsel but did not provide sufficient evidence of leading or critical contributions.
Supporting Documentation
Letters of reference from colleagues and superiors
Case decisions and reports from international tax consulting firms
Articles and media coverage of cases
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not provide the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The evidence submitted did not demonstrate the required sustained national or international acclaim or recognition.
Next Steps: The petitioner must provide more substantial evidence to meet the criteria for extraordinary ability classification if considering reapplication.
