Date of Decision: March 2, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business Consultant for the Fitness Industry
Field: Business Consulting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Participation as a Judge of the Work of Others: The Petitioner served as a judge on a panel for the [redacted] Brazil trade show and other events, selecting speakers and evaluating presentations.
Authorship of Scholarly Articles: The Petitioner authored several articles in trade publications such as Fitness Business Latin America and Mercado Fitness, providing business advice to gym owners.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner received an award at the [redacted] International Convention on Physical Activity. However, the evidence did not establish that this award is nationally or internationally recognized. The supporting articles and letters did not demonstrate the award’s widespread recognition.
Published Material About the Petitioner: The articles provided were about topics in the fitness industry and included quotations from the Petitioner among other industry experts. They did not focus primarily on the Petitioner’s work or achievements.
Leading or Critical Role: The Petitioner did not provide sufficient evidence demonstrating that his roles were leading or critical for organizations with a distinguished reputation. The submitted evidence did not establish the distinguished nature of the organizations or the significance of the Petitioner’s contributions.
High Salary or Remuneration: The Petitioner provided a partially translated Brazilian tax return and salary surveys. The translation was incomplete, and the documents did not provide sufficient context or verification to establish that the reported income was high relative to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not demonstrate that the award received is nationally or internationally recognized for excellence in the field.
Published Materials About the Petitioner:
The articles provided were about the fitness industry and included the Petitioner’s opinions but did not focus primarily on him or his achievements.
Original Contributions of Major Significance:
No evidence provided.
Participation as a Judge:
The Petitioner served as a judge at trade shows and events, satisfying this criterion.
Membership in Associations:
No evidence provided.
Authorship of Scholarly Articles:
The Petitioner authored several articles in reputable trade publications.
Leading or Critical Role Performed:
The Petitioner did not provide sufficient evidence demonstrating that his roles were leading or critical for distinguished organizations.
Artistic Exhibitions or Showcases:
No evidence provided.
Evidence of High Salary or Remuneration:
The Petitioner’s partially translated tax return and salary surveys did not provide sufficient context or verification to establish high remuneration.
Commercial Successes in the Performing Arts:
No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition.
Articles and Publications: Did not focus primarily on the Petitioner.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate leading roles or distinguished reputations.
Tax Return and Salary Surveys: Incomplete translation and insufficient context to verify high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met two of the criteria but did not provide sufficient evidence to meet the required three criteria. The Petitioner did not provide the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
