Date of Decision: DEC. 12, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business Analyst
Field: Business Analysis
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Performing in a leading or critical role for distinguished organizations:
The petitioner satisfied this criterion by demonstrating his role as a Director of Business Analysis for a subsidiary of LJD Financial Corporation. His contributions to key management functions and critical programs were recognized as significant within the organization.
Commanding a high salary or other significantly high remuneration for services:
The petitioner’s documentation of his high salary and internal recognition for his contributions to various projects supported the fulfillment of this criterion.
Judging the work of others:
The petitioner provided evidence of judging the 2018 Business Awards, including a certificate presented to him for his participation as a judge.
Criteria Not Met:
Original contributions of major significance:
While the petitioner made significant contributions to the development of a Compliance Program, the evidence provided did not demonstrate that these contributions were of major significance beyond his organization. The lack of widespread implementation or adoption of his methods in the broader industry was noted.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings:
No evidence of awards or prizes was provided.
Published Materials About the Petitioner:
Summary of findings:
No evidence of published materials about the petitioner was provided.
Original Contributions of Major Significance:
Summary of findings:
The petitioner’s development of a compliance tool for LJD Financial Corporation was recognized internally but did not show widespread adoption or impact in the broader financial industry.
Participation as a Judge:
Summary of findings:
The petitioner participated as a judge for the 2018 Business Awards, which was acknowledged through a certificate.
Membership in Associations:
Summary of findings:
No evidence of membership in associations was provided.
Authorship of scholarly articles:
Summary of findings:
No evidence of scholarly articles authored by the petitioner was provided.
Leading or critical role performed:
Summary of findings:
The petitioner held a critical role in his organization, leading key management functions and critical programs.
Artistic Exhibitions or Showcases:
Summary of findings:
Not applicable.
Evidence of High Salary or Remuneration:
Summary of findings:
The petitioner’s high salary and internal recognition for his contributions to various projects were documented.
Commercial successes in the Performing Arts:
Summary of findings:
Not applicable.
Supporting Documentation
- Certificate for Judging the 2018 Business Awards:
Summary: A certificate indicating the petitioner’s participation as a judge. - Letters from Officials at LJD Financial Corporation:
Summary: Letters highlighting the petitioner’s critical role and contributions within the organization. - Documentation of High Salary:
Summary: Evidence of the petitioner’s high salary relative to industry standards.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the necessary criteria to demonstrate extraordinary ability beyond his organization. The evidence provided did not establish sustained national or international acclaim or recognition in the broader industry.
Next Steps:
Petitioners are advised to provide more comprehensive evidence of widespread recognition and impact in their field to support future applications.
