EB-1 Extraordinary Ability USCIS Appeal Review – Automotive Company Executive – MAR072019_02B2203

Date of Decision: MAR. 7, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Chief Executive Officer
Field: Business
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Approved

Evidentiary Criteria Analysis

Criteria Met

Leading or Critical Role:
The Beneficiary served as the CEO and president of multiple automotive companies, leading strategic visions, implementing cutting-edge technologies, and launching award-winning product lines.

Lesser Prizes or Awards:
The Beneficiary received significant awards, such as the company’s award for its truck, which won a major internationally recognized award.

High Salary or Remuneration:
The Beneficiary’s base compensation for 2018 was $800,000, with an initial signing bonus of $250,000, demonstrating a high salary in relation to others in the field.

Criteria Not Met

None applicable.

Key Points from the Decision

Awards and Prizes Won

Summary of findings:
The Beneficiary’s leadership was crucial in earning significant awards for automotive models.

Key quotes or references:
“The importance of [the Beneficiary’s] leadership in earning the cannot be overstated.”

Published Materials About the Petitioner

Summary of findings:
The Beneficiary has been featured in various trade journals and interviewed regarding industrial trends in the automotive industry.

Key quotes or references:
“The Beneficiary is regularly invited to present his work at prestigious conferences.”

Original Contributions of Major Significance

Summary of findings:
The Beneficiary developed novel automotive models and implemented groundbreaking research and development.

Key quotes or references:
“His innovative product lines have been recognized with a host of prestigious awards.”

Participation as a Judge

Not applicable.

Membership in Associations

Not applicable.

Authorship of Scholarly Articles

Summary of findings:
The Beneficiary has published scholarly articles related to manufacturing and assembly line processing.

Key quotes or references:
“Published material in the record demonstrates that he is a recognized expert in the automotive industry.”

Leading or Critical Role Performed

Summary of findings:
The Beneficiary has served in prominent leadership positions, significantly impacting the automotive industry.

Key quotes or references:
“The Beneficiary ‘successfully increased sales from 2,222 units to 45,000 units’.”

Artistic Exhibitions or Showcases

Not applicable.

Evidence of High Salary or Remuneration

Summary of findings:
The Beneficiary’s salary was compared to the field and found to be high.

Key quotes or references:
“The Beneficiary’s base compensation for 2018 is $800,000 with an initial signing bonus of $250,000.”

Commercial Successes in the Performing Arts

Not applicable.

Supporting Documentation

  1. Letter from the executive vice chairman of the automotive company:
    Discusses the Beneficiary’s recognition as a preeminent leader in automotive manufacturing.
  2. Article from Autocar Professional:
    Highlights the Beneficiary’s innovative product lines and their international acclaim.
  3. Letters from various industry executives:
    Provide insights into the Beneficiary’s contributions and impact on the automotive industry.

Conclusion

Final Determination:
The appeal is sustained, and the Beneficiary qualifies for classification as an individual of extraordinary ability.

Reasoning:
The Beneficiary has demonstrated sustained national or international acclaim and is among the top percentage in the field.

Next Steps:
The Petitioner should continue to document the Beneficiary’s achievements and contributions to maintain the extraordinary ability classification.

Download the Full Petition Review Here

Igbo Stanford
Igbo Stanford

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