Date of Decision: NOV. 08, 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: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
- Receipt of a Major, Internationally Recognized Award: The Petitioner did not indicate or show that he received a major, internationally recognized award.
- Membership in Associations: The Petitioner failed to demonstrate that the International Barista Guild (IBG) or its board of directors requires outstanding achievements of its members, as judged by recognized national or international experts.
Key Points from the Decision
Awards and Prizes Won: The Petitioner did not present evidence of winning any major, internationally recognized awards.
Published Materials About the Petitioner: The Petitioner did not provide sufficient evidence of published materials about his work in significant media.
Original Contributions of Major Significance: No substantial evidence was provided to demonstrate original contributions of major significance in the coffee industry.
Participation as a Judge: The Petitioner did not present relevant evidence of participation as a judge of the work of others in the field.
Membership in Associations: The Petitioner claimed eligibility under the criterion related to membership in associations requiring outstanding achievements but failed to provide convincing evidence.
Authorship of Scholarly Articles: No evidence was submitted to show authorship of scholarly articles in the field.
Leading or Critical Role Performed: The Petitioner did not demonstrate having a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases: There was no evidence provided regarding participation in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration: The Petitioner did not present evidence of receiving a high salary or other significantly high remuneration in comparison to others in the field.
Commercial Successes in the Performing Arts: No evidence of commercial successes in the performing arts was provided.
Supporting Documentation
- IBG Membership Documents: Resubmitted evidence from the previous motion, failing to establish that the IBG requires outstanding achievements of its members.
- Sprudge Publication: Previously discussed and found insufficient to meet the criteria.
Conclusion
Final Determination: The motion to reopen was dismissed.
Reasoning: The Petitioner did not provide new, significant evidence to meet the evidentiary criteria for classification as an individual of extraordinary ability. The evidence submitted was repetitive and failed to demonstrate eligibility as of the petition’s filing date.
Next Steps: The Petitioner may consider gathering more substantial and diverse evidence to meet at least three of the evidentiary criteria if planning to file another petition or motion.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 23272889
Document: NOV082022_01B2203.pdf
