Date of Decision: March 7, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Barista
Field: Coffee Culture
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards and Prizes Won:
The Petitioner satisfied the criteria for awards under 8 C.F.R. § 204.5(h)(3)(i). However, specific details on the awards were not provided in the summary.
Participation as a Judge:
The Petitioner met the criterion for judging under 8 C.F.R. § 204.5(h)(3)(iv), indicating participation as a judge in competitions relevant to their field.
Criteria Not Met:
Published Materials About the Petitioner:
The Petitioner did not satisfy the criterion for published material under 8 C.F.R. § 204.5(h)(3)(iii). The provided screenshots from various websites did not demonstrate that these were major media or professional publications. Additionally, some screenshots lacked required information such as dates and authors.
Key Points from the Decision
Published Materials About the Petitioner:
- Summary of Findings: The Petitioner submitted screenshots from websites including sprudge.com, icoffee.ee/fa, ghahvehdaan.ir, and iranlatteart.com.
- Key Quotes or References: The decision noted that these websites were not demonstrated to be major media or professional publications. Rankings and visitor statistics provided by the Petitioner did not establish the sites’ significance.
Original Contributions of Major Significance:
- Summary of Findings: No specific evidence provided in the document summary.
Participation as a Judge:
- Summary of Findings: Recognized under 8 C.F.R. § 204.5(h)(3)(iv).
- Key Quotes or References: Details on the specific judging events or their relevance to the extraordinary ability classification were not included.
Membership in Associations:
- Summary of Findings: No specific evidence provided in the document summary.
Authorship of Scholarly Articles:
- Summary of Findings: No specific evidence provided in the document summary.
Leading or Critical Role Performed:
- Summary of Findings: No specific evidence provided in the document summary.
Artistic Exhibitions or Showcases:
- Summary of Findings: No specific evidence provided in the document summary.
Evidence of High Salary or Remuneration:
- Summary of Findings: No specific evidence provided in the document summary.
Commercial Successes in the Performing Arts:
- Summary of Findings: No specific evidence provided in the document summary.
Supporting Documentation
- Screenshots from sprudge.com, icoffee.ee/fa, ghahvehdaan.ir, and iranlatteart.com: Submitted as evidence of published material about the Petitioner. The websites were not demonstrated to be major media, and some lacked required information such as dates and authors.
- Website Rankings and Visitor Statistics: Provided to demonstrate the significance of the websites. However, the rankings and statistics did not establish the websites’ status as major media.
- Advertising Documentation from Sprudge Media Network: Claimed high visitor and pageview counts but did not establish relevance to major media status.
Conclusion
Final Determination: The motion to reopen was denied.
Reasoning: The Petitioner did not demonstrate eligibility for the benefit sought. The evidence provided did not meet the necessary criteria for classification as an individual of extraordinary ability.
Next Steps: The Petitioner should consider gathering more robust evidence that clearly meets the required criteria and provides substantial proof of sustained national or international acclaim.
