Date of Decision: February 8, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Business Consultant
- Field: Human Resources and Personnel Management
- Nationality: [Nationality not provided in the document]
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None – The petitioner did not meet any of the regulatory criteria required for classification as an alien of extraordinary ability.
Criteria Not Met:
1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (8 C.F.R. § 204.5(h)(3)(i)):
The petitioner provided evidence of receiving an award from an entity within the Russian government. However, it was determined that the award was not nationally or internationally recognized, nor was it proven to be for excellence in the field.
2. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought (8 C.F.R. § 204.5(h)(3)(iii)):
The petitioner submitted several articles, but they did not meet the requirements as they were either from sources not qualifying as major media or lacked sufficient circulation statistics to demonstrate their significance.
3. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field (8 C.F.R. § 204.5(h)(3)(ix)):
The petitioner provided foreign tax documents and U.S. tax returns but did not sufficiently demonstrate that his earnings were significantly higher compared to others in the field.
Key Points from the Decision
Awards and Prizes Won:
- The award provided by the petitioner was not recognized as meeting the criteria for national or international recognition.
Published Materials About the Petitioner:
- Articles submitted did not qualify as published materials in professional or major trade publications due to insufficient evidence of their significance.
Evidence of High Salary or Remuneration:
- The petitioner did not provide adequate evidence to demonstrate high remuneration relative to others in the field. Average salary figures were used for comparison, which do not meet the regulatory requirements.
Supporting Documentation
- Award documentation from the Russian Federation (not recognized as nationally or internationally significant).
- Articles and publications (lacked sufficient evidence of major media status).
- Foreign tax documents and U.S. tax returns (did not adequately demonstrate high remuneration).
Conclusion
Final Determination:
The appeal is dismissed. The petitioner did not demonstrate eligibility as an individual of extraordinary ability.
Reasoning:
The petitioner failed to meet the required initial evidence criteria of either a one-time achievement or three of the ten regulatory criteria. Additionally, the record did not support a finding of sustained national or international acclaim or recognition required for the classification sought.
Next Steps:
The petitioner may consider seeking alternative visa classifications that better align with their qualifications or gather additional evidence to meet the stringent criteria for the EB1 Extraordinary Ability classification. Consulting with an immigration attorney for further guidance and potential re-application might be beneficial.
