Date of Decision: October 5, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Barista
Field: Coffee Artistry
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner’s win at the 2015 [specific] Barista Championship met the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Participation as a Judge: The Petitioner’s participation as a judge at barista competitions satisfied the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Criteria Not Met:
Published Material: The Petitioner submitted additional information about media such as sprudge.com, but this evidence did not establish that it qualifies as a professional or major trade publication or other major media, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
High Salary or Remuneration: The Petitioner provided business documents and income statements, but did not provide sufficient evidence to establish that his earnings were high compared to others in his field, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ix).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s win at the 2015 [specific] Barista Championship was recognized as a lesser nationally or internationally recognized award.
Published Materials About the Petitioner:
The additional information about media such as sprudge.com did not meet the criterion for professional or major trade publications or other major media.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
The Petitioner participated as a judge at barista competitions, meeting this criterion.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
Not applicable.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The evidence provided did not establish that the Petitioner’s earnings were high compared to others in his field.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including evidence of awards, judging participation, and business income. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The motion to reopen was dismissed.
Reasoning: The evidence provided did not demonstrate that the Petitioner met the required evidentiary criteria for extraordinary ability. The Petitioner did not show that the media featuring him were professional or major trade publications, nor did he provide sufficient evidence of high salary compared to others in his field.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of their contributions or explore other immigration options that may better fit their qualifications.
