Date of Decision: June 2, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business Executive and Entrepreneur
Field: Industrial Lubricants
Nationality: [Not specified in the provided text]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Authorship of Scholarly Articles:
The Petitioner coauthored three articles published in professional journals.
Leading Role for Organizations with a Distinguished Reputation:
Served as the founder and president of [Company Name] since 2009.
Criteria Not Met:
Participation as a Judge:
Although the Petitioner was appointed to serve on committees evaluating thesis projects for students in the graduate chemical engineering program, this activity did not demonstrate recognition of achievements in the field.
Awards and Prizes Won:
The awards received by the Petitioner did not provide sufficient evidence of national or international acclaim.
Original Contributions of Major Significance:
The evidence did not corroborate the claimed industry-wide impacts of the Petitioner’s innovations.
Published Materials About the Petitioner:
The articles and references provided did not demonstrate widespread recognition of the Petitioner’s work.
Evidence of High Salary or Remuneration:
Financial statements showed significant financial loss, lacking comparative evidence to establish standing in the field.
Commercial Successes in the Performing Arts:
Not applicable to the Petitioner’s field.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings:
The awards did not demonstrate national or international recognition.
Key Quotes or References:
“Absent additional information regarding the award received by the Petitioner…the record does not establish that the Petitioner garnered national or international acclaim through his receipt of this award.”
Published Materials About the Petitioner:
Summary of Findings:
The articles posted on Chinese web portals did not mention any awards given at the event.
Key Quotes or References:
“The record does not include evidence that the Petitioner won these bids, or that doing so would have placed it in a leading position in the [field] industry in terms of market share.”
Original Contributions of Major Significance:
Summary of Findings:
The assertions regarding the Petitioner’s performance and leadership in the industry were not supported by the record.
Key Quotes or References:
“The Petitioner did not submit documentary evidence about or from either of these companies to support these assertions about his company’s partnership with them or any resulting success they have enjoyed.”
Participation as a Judge:
Summary of Findings:
The Petitioner’s involvement in dissertation defense committees did not demonstrate sustained acclaim at the national or international level.
Key Quotes or References:
“This evidence shows that as a respected member of the business community, he has played a role in the development of individual students.”
Membership in Associations:
Summary of Findings:
The Petitioner’s role in the alumni association did not establish that he was invited due to national or international acclaim.
Key Quotes or References:
“While this evidence demonstrates his leadership role for a chapter of the alumni association, it does not establish that he was invited to this position due to national or international acclaim.”
Authorship of Scholarly Articles:
Summary of Findings:
The articles did not demonstrate frequent application or implementation of the Petitioner’s work by others.
Key Quotes or References:
“This evidence does not demonstrate that other innovators or entrepreneurs in the field of business have frequently applied or implemented the Petitioner’s work.”
Leading or Critical Role Performed:
Summary of Findings:
The Petitioner’s role did not establish him as one of the few at the top of the business field.
Key Quotes or References:
“The Petitioner has led [Company Name] to successfully develop grease and lubricant products, but the record does not support his assertions to have made an impact on the overall industry.”
Artistic Exhibitions or Showcases:
Not applicable to the Petitioner’s field.
Evidence of High Salary or Remuneration:
Summary of Findings:
Financial statements showed significant financial loss.
Key Quotes or References:
“The company experienced a significant financial loss in that and the preceding year.”
Commercial Successes in the Performing Arts:
Not applicable to the Petitioner’s field.
Supporting Documentation
List of Supporting Documents:
Articles published in professional journals
Reference letters from experts
Awards and certificates
Financial statements of the company
Evidence of patents and innovations
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The Petitioner did not demonstrate sustained national or international acclaim.
The evidence provided did not establish that the Petitioner is among the small percentage at the very top of the field of endeavor.
Next Steps:
Recommendations or next steps for the petitioner were not specified in the document.
