Date of Decision: May 5, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Barista
Field: Coffee Industry
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Lesser nationally or internationally recognized prizes or awards: The petitioner won prizes at various competitions.
- Participation as a judge of the work of others: The petitioner served as a judge in relevant competitions.
Criteria Not Met:
- Published material about the individual in professional or major media: The evidence provided did not establish that the published material (from Sprudge) qualified as professional or major media.
- High salary or remuneration in relation to others in the field: The petitioner did not provide sufficient evidence to prove he earned a high salary compared to other baristas or cafe owners.
- Membership in associations in the field requiring outstanding achievements: The petitioner’s membership evidence was not sufficient to establish that the associations required outstanding achievements judged by recognized experts.
Key Points from the Decision
Awards and Prizes Won:
The petitioner documented prizes from various competitions. However, these prizes were not deemed to be major, internationally recognized awards.
Published Materials About the Petitioner:
The petitioner submitted articles from a coffee blog called Sprudge. The evidence did not meet the criteria for professional or major media due to lack of circulation figures or evidence establishing Sprudge’s significance.
Participation as a Judge:
The petitioner participated as a judge in relevant competitions, which was acknowledged as meeting one of the evidentiary criteria.
Membership in Associations:
The petitioner provided evidence of membership in an association, but the evidence did not demonstrate that the association required outstanding achievements judged by recognized experts.
Supporting Documentation
- Prizes and Awards Documentation: Summarized evidence of prizes won at various competitions.
- Articles from Sprudge: Provided articles and printouts from Sprudge, a coffee blog.
- Income Documentation: Evidence of the petitioner’s income from operating a cafe in Iran.
- Association Membership: Translated letter appointing the petitioner to a director position in an association and background information about the association.
Conclusion
Final Determination: Motion to reopen dismissed
Reasoning: The petitioner failed to establish eligibility by not meeting the required criteria with sufficient evidence. The new evidence provided did not overcome the deficiencies noted in the initial decision and prior motions.
Next Steps: The petitioner may consider gathering stronger evidence to meet the required criteria or seek alternative immigration pathways.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 16159429
Document: MAY052022_01B2203
